Citation Nr: 22016177
Decision Date: 03/21/22	Archive Date: 03/21/22

DOCKET NO. 07-27 897A
DATE: March 21, 2022

ORDER

Entitlement to service connection for a traumatic brain injury (TBI) is dismissed.

FINDING OF FACT

In a statement received by the Department of Veterans Affairs (VA) on July 9, 2021, the Veteran clearly expressed his wish to withdraw all remaining appeals, which at that time consisted of the appeal of entitlement to service connection for a TBI.

CONCLUSION OF LAW

The criteria for withdrawal of the appeal to the issue of entitlement to service connection for a TBI have been met.  38 U.S.C. § 7105; 38 C.F.R. § 20.204.

REASONS AND BASES FOR FINDING AND CONCLUSION

The Veteran had active service from February 1980 to February 1984.  In October 2019, the VA Board of Veteran's Appeals (Board) remanded this issue for additional development; the claims file has been returned to the Board for adjudication.

Entitlement to service connection for a TBI.

An appeal may be withdrawn as to any or all issues involved in the appeal at any time before the Board promulgates a decision.  38 C.F.R. § 20.204.  Appeal withdrawals must be in writing and include the Veteran's name, claim number, and a statement that the appeal is withdrawn.  38 C.F.R. § 20.204 (b)(1).  Withdrawal may be made by the Veteran or by his or her authorized representative.  Id.  An appeal withdrawal is effective upon receipt.  38 C.F.R. § 20.204 (b)(3).  Withdrawal does not preclude filing a new Notice of Disagreement and, after a Statement of the Case is issued, a new Substantive Appeal, as to any of the withdrawn issues, provided such filings would be timely under these rules if the appeal withdrawal had never been filed.  38 C.F.R. § 20.204 (c).

On July 9, 2021, VA received a signed statement from the Veteran requesting to withdraw his appeal, which at that time included his appeal of the issue of entitlement to service connection for a TBI.  The statement was written and included the Veteran's name and claim number.  Id.  His withdrawal was received prior to a decision by the Board on this issue.  It was explicit, unambiguous, and done with a full understanding of the consequences of such actions.  Delisio v. Shinseki, 25 Vet. App. 45, 58 (2011).  Thus, the criteria for withdrawal of this appeal are satisfied.  See 38 C.F.R. § 20.204 (b).

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The Board may dismiss any appeal which fails to allege specific error of fact or law in the determination being appeals.  38 U.S.C. § 7105.  When a pending appeal is withdrawn, there is no longer an allegation of error of fact or law with respect to the determination that was appealed.  Accordingly, the claim of entitlement to service connection for a TBI is dismissed.  See 38 U.S.C. § 7105 (d).

 

 

P.M. DILORENZO

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	Department of Veterans Affairs

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.