Citation Nr: 21031964 Decision Date: 05/25/21 Archive Date: 05/25/21 DOCKET NO. 16-36 093 DATE: May 25, 2021 ORDER Entitlement to service connection for anxiety is dismissed. Whether new and material evidence has been received sufficient to reopen a previously denied claim of service connection for lumbar spine degenerative joint disease (djd), previously claimed as lower back injury and as a tail-bone injury, is dismissed. FINDING OF FACT In an April 2021 statement, prior to the promulgation of a decision in this appeal, the Veteran withdrew from appellate status his claims for service connection for anxiety and his back disability, claimed as lower back injury and tail-bone injury. CONCLUSION OF LAW The criteria for withdrawal of the Veteran's substantive appeal as to the issues of entitlement to service connection for anxiety and a back disability, claimed as lower back injury and tail-bone injury have been met. 38 U.S.C. § 7105 (b)(2), (d)(5); 38 C.F.R. § 19.55. REASONS AND BASES FOR FINDING AND CONCLUSION The Veteran served on active duty from August 1968 to July 1970. In an October 1970 rating decision, the Veteran's claim for service connection for a back injury was denied. The Veteran did not appeal that decision, and in April 2006, the Veteran filed a new claim for his lower back injury. In a September 2006 rating decision, his claim was denied because the evidence submitted was not new and material. In February 2014, the Veteran filed a new claim for service connection for degenerative joint disease (djd) of the back, and in September 2014 the Veteran indicated that he was filing a claim for PTSD with anxiety and major depressive disorder. The case is before the Board of Veterans' Appeals (Board) on appeal from a February 2015 Regional Office (RO) rating decision, in which the RO denied service connection for anxiety and confirmed and continued the previous denial of service connection for a low back injury, also claimed as tail-bone injury and as djd, determining that the evidence submitted was not new and material. Withdrawn Claims 1. Entitlement to service connection for anxiety 2. Whether new and material evidence has been received sufficient to reopen a previously denied claim of service connection for lumbar spine djd, previously claimed as lower back injury and as a tail-bone injury 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 An appeal may be withdrawn as to any or all issues involved in the appeal at any time before the Board promulgates a decision. 38 C.F.R. § 19.55.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 appellant or by his or her authorized representative, and it must be in writing unless the appeal is withdrawn on the record at a hearing. Id. Withdrawal of a claim must be "explicit, unambiguous, and done with a full understanding of the consequences of such action." See Acree v. O'Rourke, 891 F.3d 1009 (Fed. Cir. 2018); DeLisio v. Shinseki, 25 Vet. App. 45, 47 (2011). In the April 2021 statement, the Veteran requested to withdraw his appeal. In an email message dated the same, the Veteran's representative explained to him that the issues currently on appeal before the Board are service connection for a low back condition and anxiety. The withdrawal of his claims was explicit, unambiguous, and done with a full understanding of the consequences of such action. Hence, there remain no allegations of errors of fact or law for appellate consideration with respect to the foregoing claims of service connection. Accordingly, the Board does not have jurisdiction to review these claims, and the appeal as to these matters must be dismissed. L. B. CRYAN Veterans Law Judge Board of Veterans' Appeals Attorney for the Board Labi, Aileen 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.