Citation Nr: 21021812
Decision Date: 04/14/21	Archive Date: 04/14/21

DOCKET NO. 20-06 158
DATE: April 14, 2021

ORDER

Entitlement to service connection for a neck disorder, to include chronic neck pain, is dismissed.

FINDING OF FACT

On October 26, 2020, and November 6, 2020, prior to the promulgation of a decision in the appeal, the Board received notification from the Veteran that he wished to explicitly and unambiguously withdraw his appeal for service connection for a neck disorder. 

CONCLUSION OF LAW

The criteria for withdrawal of the appeal regarding entitlement to service connection for a neck disorder 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 in the United States Army from August 1998 to August 2002.

This matter comes before the Board of Veterans’ Appeals (Board) on appeal from a June 2018 rating decision from the Department of Veterans Affairs (VA) Regional Office (RO).  

The Board may dismiss any appeal that 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  An appeal may be withdrawn as to any or all issues involved in the appeal at any time before the Board promulgates a decision.  38 C.F.R. § 19.55.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 Veteran, in correspondences dated October 26, 2020, and November 6, 2020, advised that he wished to withdraw his appeal for service connection for a neck disorder. See Correspondences dated October 2020 and November 2020.  Thus, he has withdrawn the appeal as to this issue and, hence, there remain no allegations of errors of fact or law for appellate consideration.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.

 

 

STEVEN D. REISS

Veterans Law Judge

Board of Veterans’ Appeals

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 This decision is not precedential and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.