Citation Nr: 21077173
Decision Date: 12/28/21	Archive Date: 12/28/21

DOCKET NO. 18-22 557
DATE: December 28, 2021

ORDER

Service connection for a low back condition (claimed as lumbar back strain) has been withdrawn.

FINDING OF FACT

In November 2021 correspondence, prior to the promulgation of this decision in the appeal, the Veteran withdrew the claim for service connection for a low back condition.

CONCLUSION OF LAW

The criteria for dismissal of entitlement to service connection for a low back condition (claimed as lumbar back strain) are 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 from July 2003 to November 2003, March 2004 to August 2005 and from November 2005 to August 2007.  

This matter comes before the Board of Veterans' Appeals (Board) on appeal from a February 2018 rating decision by the Department of Veterans Affairs (VA) Regional Office (RO) in Des Moines, Iowa. 

Withdrawal of Claim

The Board may dismiss any appeal which fails to allege specific error of fact or law in the determination being appealed. 38 U.S.C. § 7105.  An appeal may be withdrawn as to any or all issues involved in the appeal at any time before the Board promulgates a decision. 38 C.F.R. § 19.55. Withdrawal may be made by the appellant or his or her authorized representative. Id.  

Here, the Veteran submitted a November 2021 statement indicating that he wished to withdraw his appeal.  The November 2021 statement contained the Veteran's name, claims file number and a specific indication that he wished to "withdraw all BVA appeals for all issues."  38 C.F.R. § 19.55(b)(1); Hembree v. Wilkie, 33 Vet. App. 1, 6 (2020).  The Board thus concludes that the Veteran has withdrawn the appeal of the claim for service connection for a low back disability and there remain no allegations of errors of fact or law for appellate consideration for the claim.  38 U.S.C. § 7105(d).  Accordingly, the Board does not have jurisdiction to review the issue and the appeal is dismissed.  

 

 

S.C. KREMBS

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	M. Snyder, 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 This decision is not precedential and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.