Citation Nr: 21007326
Decision Date: 02/09/21	Archive Date: 02/09/21

DOCKET NO. 16-37 524
DATE: February 9, 2021

ORDER

Entitlement to service connection for thyroid cancer is dismissed.

FINDING OF FACT

In June 2020, prior to the promulgation of a decision in the appeal, the Board received notification from the appellant that a withdrawal of this appeal is requested.

CONCLUSION OF LAW

The criteria for withdrawal of an appeal by the appellant 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 October 1965 to October 1967.  

This matter comes before the Board of Veterans’ Appeals (Board) on appeal from September 2013 and August 2014 rating decisions of a Regional Office (RO) of the Department of Veterans Affairs (VA).  These issues were subsequently remanded by the Board in May 2020.  

The Veteran also perfected the appeal of the following issues: entitlement to service connection for peripheral neuropathy of the upper and lower extremities; entitlement to service connection for sleep apnea, and; entitlement to a total disability rating based on individual unemployability due to service-connected disabilities (TDIU).  These issues were all granted in a subsequent December 2020 rating decision.  Thus, these issues are no longer on appeal before the Board.  See Barrera v. Gober, 122 F.3d 1030 (Fed. Cir. 1997).  

Entitlement to service connection for thyroid cancer

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  An appeal may be withdrawn as to any or all issues involved in the appeal at any time before the Board promulgates a decision.  38 C.F.R. § 19.55.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 by his or her authorized representative.  Id.  In the present case, the appellant, in a written statement received by VA in June 2020, has withdrawn this appeal and, hence, there remain no allegations of errors of fact or law for appellate consideration.  Accordingly, the Board does not have jurisdiction to review the appeal and it is dismissed.

 

 

M. Donohue

Veterans Law Judge

Board of Veterans’ Appeals

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 This decision is not precedential and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.