Citation Nr: 22018204
Decision Date: 03/28/22	Archive Date: 03/28/22

DOCKET NO. 17-58 182
DATE: March 28, 2022

ORDER

The appeal for service connection for osteoporosis of the spine is dismissed.

FINDING OF FACT

In an Appeals Satisfaction Notice dated February 2018, the Veteran advised that he wished to withdraw from appellate status the issue of entitlement to service connection for osteoporosis of the spine; in a February 2021 letter, he again advised that he wished to withdraw from appellate status the issue of entitlement to service connection for osteoporosis of the spine.

CONCLUSION OF LAW

The criteria for withdrawal of a substantive appeal to the Board as to the claim of service connection for osteoporosis of the spine by the appellant 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 from March 1971 to April 1975. 

This case is before the Board of Veterans' Appeals (Board) on appeal from a July 2016 Department of Veterans Affairs (VA) Regional Office (RO) rating decision.  In that rating decision, the RO denied entitlement to service connection for osteoporosis of the spine.

The Veteran's notice of disagreement (NOD) was received in August 2016.  The RO issued the statement of the case (SOC) in October 2017, and the Veteran's VA Form 9, substantive appeal was received in November 2017.

Withdrawn Claims

An appeal may be withdrawn as to any or all issues involved in the appeal at any time before the Board promulgates a decision. 38 C.F.R. § 19.55.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 or her authorized representative in writing or on the record at a hearing on appeal. Id.

Entitlement to service connection for osteoporosis of the spine

During the pendency of this appeal, the RO issued an October 2017 rating decision that granted service connection for posttraumatic stress disorder and assigned a 100 percent disability rating, effective from April 14, 2016.  

In an Appeals Satisfaction Notice dated February 2018, the Veteran advised that, as a result of the recent decision to grant [service connection for posttraumatic stress disorder at the 100 percent rate] he was satisfied, and as such, he wished to withdraw from appellate status all remaining issues on appeal.  In this case, the only remaining issue in appellate status following the grant of service connection for posttraumatic stress disorder was entitlement to service connection for osteoporosis of the spine. In a subsequently received February 2021 letter, the Veteran again requested to withdraw from appellate status the issue of entitlement to service connection for osteoporosis of the spine.

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As the Veteran has withdrawn the appeal as to the issue of service connection for osteoporosis of the spine, there remain no allegations of errors of fact or law for appellate consideration with regard to the issue, and the appeal as to that issue is dismissed.

 

L. B. CRYAN

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	B. KAYS HUKILL

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.