Citation Nr: 21008820
Decision Date: 02/18/21	Archive Date: 02/18/21

DOCKET NO. 15-02 876
DATE: February 18, 2021

ORDER

The appeals for service connection for a cervical spine disorder, service connection for a left hip disorder, an increased rating for lumbosacral strain, an increased rating for peptic ulcer disease, an increased rating for headaches, and an increased rating for bilateral hearing loss are dismissed.

FINDINGS OF FACT

1. The Veteran served on active duty from December 1973 to December 1975 and from July 1981 to February 1992; he has been 100 percent disabled since October 15, 2012.

2. In a May 2020 written statement, prior to the promulgation of a decision in the appeal, the Veteran indicated his desire to withdraw his appeal for the issues listed above.

CONCLUSIONS OF LAW

1. The criteria for withdrawal of entitlement to service connection for a cervical spine disorder and a left hip disorder have been met. 38 U.S.C. § 7105 (2012); 38 C.F.R. § 19.55 (2020). 

2. The criteria for withdrawal of increased ratings for lumbosacral strain, peptic ulcer disease, headaches, and bilateral hearing loss have been met. 38 U.S.C. § 7105 (2012); 38 C.F.R. § 19.55 (2020).

REASONS AND BASES FOR FINDINGS AND CONCLUSIONS

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 An appeal may be withdrawn as to any or all issues involved in the appeal at any time before the Board promulgates a decision. 38 C.F.R. § 20.204.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 or her authorized representative. 38 C.F.R. § 20.204. Withdrawal of a claim must be “explicit, unambiguous, and done with a full understanding of the consequences of such action.” DeLisio v. Shinseki, 25 Vet. App. 45, 47 (2011).

In a written statement received in May 2020, the Veteran explicitly and unambiguously withdrew his appeals on the issues listed above. The statement is in writing and is of record. Hence, there remain no allegations of error of fact or law for appellate consideration with regard to these issues. Thus, the Board does not have jurisdiction to review the appeal of these issues and they are dismissed.

 

 

L. HOWELL

Veterans Law Judge

Board of Veterans’ Appeals

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 This decision is not precedential and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.