Citation Nr: 22019732 Decision Date: 04/02/22 Archive Date: 04/02/22 DOCKET NO. 15-43 095 DATE: April 2, 2022 ORDER Entitlement to service connection for a respiratory condition, to include symptoms of cough and residuals of exposure to oil and gas, is dismissed as withdrawn. FINDING OF FACT On March 21, 2022, prior to the promulgation of a decision in the appeal, the Board received notification from the Veteran that a withdrawal of the appeal is requested. CONCLUSION OF LAW The criteria for withdrawal of an appeal by the Veteran have been met. 38 U.S.C. § 7105; 38 C.F.R. § 19.55. REASONS AND BASES FOR FINDING AND CONCLUSION The Veteran had several periods of active duty service from October 1994 to April 1997 and from September 2001 to March 2002 and from December 2003 to March 2005. This matter comes to the Board of Veterans' Appeals (Board) on appeal from an May 2014 rating decision of a Department of Veterans Affairs (VA) Regional Office (RO). The Board notes that during the pendency of this appeal, a June 2019 rating action granted in full the benefit sought on appeal with respect to the issue of service connection for an acquired psychiatric disorder to include post traumatic stress disorder (PTSD). As the grant of service connection is considered a full grant of benefits, this issue is no longer on appeal and will not be addressed in this Board decision. In December 2021, the Veteran was scheduled to appear for a Board hearing before a veterans law judge to address this matter. The hearing was cancelled subsequent to receipt of documentation in the record which indicated that the Veteran wanted to withdraw his appeal. See VA 27-0820 Report of General Information Received November 2021. Entitlement to service connection for a respiratory condition to include symptoms of cough, and residuals of exposure to oil and gas. 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 An appeal may be withdrawn as to any or all issues involved in the appeal at any time before the Board promulgates a decision. 38 C.F.R. § 19.55.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. Unless an appeal is withdrawn on the record at a hearing, appeal withdrawals must be in writing and must include the name of the veteran, the name of the claimant or appellant if other than the veteran, the applicable VA file number, and a statement that the appeal is withdrawn. If the appeal involves multiple issues, the withdrawal must specify that the appeal is withdrawn in its entirety or list the issue(s) withdrawn from the appeal. 38 C.F.R. § 19.55 (b)(1). Until the appeal is transferred to the Board, an appeal withdrawal is effective when received by the AOJ. 38 C.F.R. § 19.55 (b)(3). In the present case, in the November 2021 VA Report of General Information, the Regional Office noted that the Veteran called to withdraw his appeal. It was specifically stated that the protocol was followed to identify that the caller was the Veteran. It was further noted that the Veteran specifically stated that he wanted to withdraw his appeal because he had received the rating that he wanted and because there was no evidence of gas exposure in his records. In a subsequent Report of General Information Received in March 2022, it was noted that the Veteran called the Regional Office in March 2022 and requested that the BVA cancel his appeal with respect to docket number 1543095. The Reports of General Information received in November 2021 March 2022 include statements that are in writing and contain the Veteran's name, VA file number, and a statement indicating that the Veteran wished to withdraw his claims on appeal in their entirety. 38 C.F.R. § 19.55 (b)(1). The Board finds that these Reports of General Information satisfy the written requirements of 38 C.F.R. §19.55 concerning the withdrawal of the appeal for service connection for a respiratory condition to include symptoms of cough, and residuals of exposure to oil and gas. See Tomlin v. Brown, 5 Vet. App. 355 (1993); Hembree v. Wilkie, 33 Vet. App. 1 (2020). Based on the foregoing, there remain no allegations of errors of fact or law for appellate consideration. Tiffany Dawson Veterans Law Judge Board of Veterans' Appeals Attorney for the Board J. Dorsey-Kwansa, 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.