Citation Nr: 21030848
Decision Date: 05/19/21	Archive Date: 05/19/21

DOCKET NO. 17-28 227
DATE: May 19, 2021

ORDER

1. The appeal seeking service connection for a cervical spine disorder is dismissed.

2. The appeal seeking service connection for a bilateral elbow disorder is dismissed.

3. The appeal seeking service connection for cystic lesions of the kidneys is dismissed.

FINDING OF FACT

In April 2021 written correspondence, prior to the promulgation of a Board decision in the matters, the Veteran expressed his intent to withdraw his appeals seeking service connection for a cervical spine disorder, a bilateral elbow disorder, and cystic lesions of the kidney; there is no question of fact or law in the matters remaining for the Board to consider.

CONCLUSION OF LAW

The criteria for withdrawal of an appeal are met with respect to the claims seeking service connection for a cervical spine and bilateral elbow disabilities, and for cystic lesions of the kidneys; the Board has no further jurisdiction to consider appeals in the matters.   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 had active service from August 1972 to August 1992, to include service in Southwest Asia.  This case is before the Board of Veterans' Appeals (Board) on appeal from March 2012 and February 2013 Department of Veterans Affairs (VA) rating decisions.  In November 2019, the Board remanded the claims for further development.

[A February 2021 rating decision granted service connection for a lumbar spine disability, a migraine headache disability, and chronic fatigue syndrome, resolving the appeals in those matters, (See Grantham v. Brown, 114 F.3d 1156 (Fed. Cir. 1997)), and they are no longer before the Board.]

Dismissals

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  An appeal may be withdrawn as to any or all issues involved in the appeal at any time before the Board promulgates a decision.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 April 2021, the Veteran submitted a statement to the Board, requesting a withdrawal of his full remaining appeal before the Board.  Considering his withdrawal of appeals, there remain no allegations of error of fact or law in these matters for the Board to consider.  

The Board finds that the Veteran's statement expressing his intent to withdraw the claims is explicit and unambiguous.  Hembree v. Wilkie, No. 18-3856 (Vet. App. August 31, 2020).  The withdrawal was clear and unambiguous on its face as to intent.  

Accordingly, the appeals in the matters must be dismissed.

 

GEORGE R. SENYK

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	T. Berryman, 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.