Citation Nr: 21005380
Decision Date: 02/01/21	Archive Date: 02/01/21

DOCKET NO. 17-35 917
DATE: February 1, 2021

ORDER

Entitlement to service connection for a back disability is dismissed.

Entitlement to service connection for a left hip disability is dismissed.

Entitlement to service connection for a right hip disability is dismissed.

FINDING OF FACT

On December 14, 2020, prior to the promulgation of a decision in this appeal, the Veteran, by his attorney at that time, withdrew his appeal of the claims of entitlement to service connection for a back disability, a left hip disability, and a right hip disability.

CONCLUSION OF LAW

The criteria for withdrawal of the claims of entitlement to service connection for a back disability, a left hip disability, and a right hip disability, by the Veteran’s former attorney 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 from July 1979 to July 1982.  In April 2020, the Department of Veterans Affairs (VA) Board of Veterans’ Appeals (Board) remanded these issues to the VA Regional Office (RO) for additional development; the claims file has been returned to the Board for adjudication. 

Withdrawal

An appeal may be withdrawn as to any or all issues involved in the appeal at any time before the Board promulgates a decision.  38 C.F.R. § 20.205.  Appeal withdrawals must be in writing and include the name of the Veteran, the Veteran’s claim number, and a statement that the appeal is withdrawn.  38 C.F.R. § 20.205 (b)(1).  Withdrawal may be made by the Veteran or by his or her authorized representative.  Id.  An appeal withdrawal is effective upon receipt. 38 C.F.R. § 20.205 (b)(3).  Withdrawal does not preclude filing a new Notice of Disagreement and, after a Statement of the Case is issued, a new Substantive Appeal, as to any of the withdrawn issues, provided such filings would be timely under these rules if the appeal withdrawal had never been filed.  38 C.F.R. § 20.205 (c).

On December 14, 2020, prior to the promulgation of a decision by the Board in this appeal, the Veteran’s attorney at that time submitted a statement, complying with 38 C.F.R. § 20.205, indicating that the Veteran wished to withdraw his claims of entitlement to service connection for a back disability, a left hip disability, and a right hip disability.  The December 14, 2020, statement was explicit, unambiguous, and done with a full understanding of the consequences of such actions.  Delisio v. Shinseki, 25 Vet. App. 45, 58 (2011).  The Board thus finds that the criteria for withdrawal of the claims of entitlement to service connection for aback disability, a left hip disability, and a right hip disability, are satisfied.  See 38 C.F.R. § 20.205.

The Board may dismiss any appeal which fails to allege specific error of fact or law in the determination being appeals.  38 U.S.C. § 7105.  When a pending appeal is withdrawn, there is no longer an allegation of error of fact or law with respect to the determination that was appealed.  Thus, the claims of entitlement to service connection for a back disability, a left hip disability, and a right hip disability, are each dismissed.  Id. 

 

 

P.M. DILORENZO

Veterans Law Judge

Board of Veterans’ Appeals

Attorney for the Board	Department of Veterans Affairs

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.