Citation Nr: 21006695 Decision Date: 02/04/21 Archive Date: 02/04/21 DOCKET NO. 20-10 634 DATE: February 4, 2021 ORDER 1. Entitlement to service connection for neurologic signs or symptoms, to include as due to an undiagnosed illness, is dismissed. 2. Entitlement to service connection for cardiovascular condition, to include as due to an undiagnosed illness, is dismissed. 3. Entitlement to service connection for palindromic rheumatism of the lower extremities, to include as due to an undiagnosed illness, is dismissed. 4. Entitlement to service connection for palindromic rheumatism of the upper extremities, to include as due to an undiagnosed illness, is dismissed. FINDING OF FACT In November 2020, the agency of original jurisdiction (AOJ) received explicit and unambiguous notification from the Veteran that a withdrawal of his appeal was requested. CONCLUSIONS OF LAW 1. The criteria for withdrawal of the appeal of the issue of entitlement to service connection for neurologic signs or symptoms, to include as due to an undiagnosed illness, is met. 38 U.S.C. § 7105; 38 C.F.R. § 20.205. 2. The criteria for withdrawal of the appeal of the issue of entitlement to service connection for cardiovascular condition, to include as due to an undiagnosed illness, is met. 38 U.S.C. § 7105; 38 C.F.R. § 20.205. 3. The criteria for withdrawal of the appeal of the issue of entitlement to service connection for palindromic rheumatism of the lower extremities, to include as due to an undiagnosed illness, is met. 38 U.S.C. § 7105; 38 C.F.R. § 20.205. 4. The criteria for withdrawal of the appeal of the issue of entitlement to service connection for palindromic rheumatism of the upper extremities, to include as due to undiagnosed illness, is met. 38 U.S.C. § 7105; 38 C.F.R. § 20.205. REASONS AND BASES FOR FINDING AND CONCLUSIONS The Veteran, who is the appellant, served on active duty from June 1968 to June 1994. This appeal to the Board of Veterans’ Appeals (Board) arose from a May 2018 rating decision issued by the Department of Veterans Affairs (VA) Regional Office (RO). The Board notes that although the Veteran initially filed a notice of disagreement with the June 2018 RO denial of service connection for a skin disorder, claimed as due to an undiagnosed illness, following the issuance of the February 2020 statement of the case, the Veteran’s attorney indicated that the Veteran did not want to appeal this denial to the Board in a March 2020 correspondence and also did not include this issue in the March 2020 Form 9 substantive appeal. Thus, this issue is not before the Board and no further action as to this claim is necessary. The Board notes that prior to certification of the appeal to the Board, in an October 2020 rating decision, the RO granted service connection for other specified trauma and stressor-related disorder (initially claimed as neuropsychological disorder), fibromyalgia, and gastroesophageal reflux disease (GERD). This represents a full grant of the benefits sought and thus these issues are no longer before the Board. Dismissal 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. § 20.204. Withdrawal may be made by the appellant or by his authorized representative. Id. Unless an appeal is withdrawn on the record at a hearing, appeal withdrawals must be in writing and must include the name of the veteran, the name of the claimant or appellant if other than the veteran, the applicable VA file number, and a statement that the appeal is withdrawn. 38 C.F.R. § 20.204. Until the appeal is transferred to the Board, an appeal withdrawal is effective when received by the agency of original jurisdiction. 38 C.F.R. § 20.204(b)(3). In a November 2020 correspondence, the Veteran, through his attorney, indicated that due to his satisfaction with the RO’s October 2020 grant of service connection for fibromyalgia, as well as the RO’s February 2020 grant of service connection for peripheral neuropathy of the upper extremities and 60 percent ratings for peripheral neuropathy of the lower extremities, he wished to withdraw his Board appeal as to the claims for service connection for additional neurologic signs and symptoms due to undiagnosed illness, palindromic rheumatism of the upper and lower extremities, and service connection for a cardiac condition, including the undiagnosed illness claim. Here, the Veteran, through his attorney, notified the AOJ (here, the RO) that he no longer wished to pursue his appeal as to the issues on appeal. The withdrawal is in writing and contains the Veteran’s name, VA claims file number, and a statement indicating that the Veteran wished to withdraw his appeal. The Veteran’s withdrawal is in compliance with 38 C.F.R. § 20.204(b)(1). When pending appeals are withdrawn, there is no longer an allegation of error of fact or law for appellate consideration. In such circumstances, dismissal of the appeal is appropriate. 38 U.S.C. § 7105(d)(5). The Board does not have jurisdiction to review the issues on appeal, and they are dismissed. A. P. SIMPSON Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board Sarah Campbell, 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.