Citation Nr: 21024064
Decision Date: 04/22/21	Archive Date: 04/22/21

DOCKET NO. 14-39 340
DATE: April 22, 2021

ORDER

Entitlement to service connection for a left eye disorder, to include as a residual of a head injury sustained in-service or as secondary service-connected traumatic brain injury (TBI) is dismissed.

FINDING OF FACT

In a September 4, 2020 submission, the Veteran, through his attorney, indicated he was withdrawing the issue of entitlement to service connection for a left eye disorder.

CONCLUSION OF LAW

The criteria for withdrawal for entitlement to service connection for a left eye 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 Navy (USN) from September 1979 to July 1983.  This matter comes to the Board of Veterans’ Appeals (Board) on appeal from an August 2012 rating decision issued by the Department of Veterans Affairs (VA) Regional Office (RO) in Waco, Texas.  Jurisdiction of this appeal is currently with the RO in Cheyenne, Wyoming.  

This case was most recently before the Board in June 2020, at which time the appeal was remanded to the Agency of Original Jurisdiction (AOJ) for further development.  The case has now been returned to the Board for appellate action.

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  An appeal may be withdrawn as to any or all issues involved in the appeal at any time before the Board promulgates a decision.  38 C.F.R. § 19.55.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 Veteran or by his/her authorized representative.  38 C.F.R. § 19.55.  

In a September 2020 submission, the Veteran indicated that he was withdrawing his claim for entitlement to service connection for a left eye disorder.  This request for withdrawal of the issue on appeal meets the content, form, and timing requirements of 38 C.F.R. § 19.55(b) and is, therefore, deemed a withdrawal of the claim.  See 38 C.F.R. § 19.55(c); see also Hembree v. Wilkie, 33 Vet. App. 1 (2020).  As a result, no allegation of error of fact or law remains before the Board for consideration with regard to this issue.  Accordingly, the Board does not have jurisdiction over this issue, and the appeal is dismissed.

 

 

KRISTY L. ZADORA

Veterans Law Judge

Board of Veterans’ Appeals

Attorney for the Board	Mariah N. Sim, 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.