Citation Nr: 21010514 Decision Date: 02/25/21 Archive Date: 02/25/21 DOCKET NO. 15-38 271 DATE: February 25, 2021 ORDER The appeal seeking service connection for a lumbar spine disability is dismissed. FINDING OF FACT In a July 2020 written statement, prior to the promulgation of a decision in the appeal in the matter, the Veteran expressed his intent to withdraw his appeal seeking service connection for a lumbar spine disability; there is no question of fact or law in the matter remaining for the Board to consider. CONCLUSION OF LAW The criteria for withdrawal of an appeal are met with respect to the claim seeking service connection for a lumbar spine disability; the Board has no further jurisdiction in this matter. 38 U.S.C. §§ 7104, 7105; 38 C.F.R. § 19.55. REASONS AND BASES FOR FINDING AND CONCLUSION The appellant is a Veteran who served on active duty from October 1969 to May 1972. This matter is before the Board of Veterans’ Appeals (Board) on appeal from a December 2013 rating decision which, in relevant part, denied service connection for low back degenerative disc disease (DDD). In March 2019, the case was remanded for additional development. The appeal seeking service connection for lumbar spine disability is dismissed. The Board has jurisdiction where there is a question of law or fact on appeal to the Secretary. 38 U.S.C. § 7104; 38 C.F.R. § 20.104. 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 An appeal may be withdrawn as to any or all issues involved in the appeal at any time before the Board promulgates a decision. Withdrawal may be made by the appellant or an authorized representative, and must be in writing or on the record at a hearing. 38 C.F.R. § 19.55. In March 2019, the Board remanded the appeal, in part, for an advisory medical opinion regarding the likely etiology of the Veteran’s lumbar spine disability. In December 2019, a negative secondary service connection opinion (to include consideration of an aggravation theory of entitlement) was provided. A July 2020 Supplemental Statement of the Case (SSOC) continued to deny the claim. In late-July 2020, VA received the SSOC Notice Response form, which contains the Veteran’s written name and file number. The Veteran struck through the options provided regarding returning the appeal to the Board and submitting additional supporting evidence. Underneath those options, he wrote, “Please cancel any and all appeals regarding this file number. Thank you.” He dated and signed the document. The Board finds that the Veteran’s statement expressing his intent to withdraw the claim is explicit and unambiguous. Hembree v. Wilkie, No. 18-3856 (Vet. App. August 31, 2020). [The Board notes that in October 2020, the Veteran’s representative submitted an Informal Hearing Presentation (IHP) regarding the issue of service connection for a lumbar spine disability, essentially requesting that service connection be granted for such issue. However, as noted above, a withdrawal of an appeal is effective when received. The Veteran’s statement requesting withdrawal was received in July 2020, prior to the IHP, and there is no indication that he intended to rescind his intent to withdraw such appeal. His July 2020 withdrawal was clear and unambiguous on its face as to its intent.] There remain no allegations of error of fact or law for appellate consideration regarding this issue. Accordingly, the Board does not have jurisdiction to consider an appeal in the matter, and the appeal in the matter must be dismissed. GEORGE R. SENYK Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board J. Dupont, 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.