Citation Nr: 21075629
Decision Date: 12/21/21	Archive Date: 12/21/21

DOCKET NO. 15-11 802
DATE: December 21, 2021

ORDER

Entitlement to service connection for fibromyalgia is dismissed.

FINDING OF FACT

In signed November 2021 correspondence, the Veteran indicated his desire to withdraw his remaining appeal before the Board.

CONCLUSION OF LAW

The criteria for the withdrawal of the claim of entitlement to service connection for fibromyalgia have been met.  38 U.S.C. § 7105; 38 C.F.R. § 19.55

REASONS AND BASES FOR FINDING AND CONCLUSION

The Veteran served on active duty in the Navy from July 1982 to July 1987, January 1989 to January 1991, and March 1991 to March 2004.  This matter comes before the Board of Veterans' Appeals (Board) on appeal of a January 2014 rating decision issued by a regional office (hereinafter agency of original jurisdiction or AOJ) of the Department of Veterans Affairs (VA).  This matter was originally denied by the Board in an October 2019 decision, which the Veteran appealed to the U.S. Court of Appeals for Veterans Claims.  The matter was returned to the Board via an October 2020 Joint Motion for Remand and thereafter remanded by the Board to the AOJ for further development in April 2021.

1. Entitlement to service connection for fibromyalgia

In a signed appeals satisfaction notice received November 24, 2021, the Veteran expressed his desire to withdraw his claim of entitlement to service connection for fibromyalgia.  He indicated his satisfaction with the AOJ decisions granting entitlement to service connection for IBS and OSA and stated his wish to withdraw all remaining appeals at the Board.  An appellant, or his authorized representative, may withdraw an appeal or any issues therein on the record at a hearing or in writing; such a withdrawal is effective when received.  38 C.F.R. § 19.55.  The Board finds that the withdrawal of the Veteran's claim was valid, and as such no longer has jurisdiction to review the issue of entitlement to service connection for fibromyalgia.  Accordingly, the appeal of it is dismissed.  38 U.S.C. § 7105(b)(2).

 

 

Kelly A. Gastoukian

Acting Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	K. C. Schumacher, Associate Counsel

The Board's decision in this case is binding only with respect to the instant matter decided. This decision is not precedential and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.