Citation Nr: 22040116
Decision Date: 07/13/22	Archive Date: 07/13/22

DOCKET NO. 19-00 875A
DATE: July 13, 2022

ORDER

The appeals seeking service connection for dermatitis and neck pain are dismissed.  

FINDING OF FACT

In a June 6, 2022, written statement, prior to the promulgation of a Board decision in the matter, the Veteran requested withdrawal of his appeals seeking service connection for dermatitis and neck pain.  

CONCLUSION OF LAW

The criteria for withdrawal of appeals are met with respect to the claims seeking service connection for dermatitis and neck pain; 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 served on active duty from November 1984 to November 2004.  These matters are before the Board of Veterans' Appeals (Board) on appeal from a June 2016 rating decision.  The Board notes that a December 2018 substantive appeal (Form 9) also lists the claims of entitlement to service connection for right shoulder bursitis and to an increased rating for allergic rhinitis.  However, the claim of service connection for right shoulder bursitis was not timely because a substantive appeal for such claim was not filed within a year of the July 2015 rating decision or within 60 days of the May 2017 Statement of the Case (SOC), and in a January 2019 RAMP election form, the Veteran elected to continue his appeal seeking a higher rating for allergic rhinitis under the Appeals Modernization Act.  

The Board has jurisdiction where there is a question of law or fact on appeal to the Secretary.  38 U.S.C. § 7104.  The Board may dismiss any appeal which fails to allege specific error of fact or law in the determination on the matter on appeal.   38 U.S.C. § 7105.  An appeal may be withdrawn at any time before the Board promulgates a decision.  Withdrawal may be made by the appellant and must be in writing or on the record at a hearing.  38 C.F.R. § 19.55.  

In a June 6, 2022, statement, the Veteran expressed his intent to withdraw his appeals seeking service connection for dermatitis and neck pain.  A withdrawal of an appeal is effective when received.  38 C.F.R. § 20.205.  

[The Board notes that the Veteran's representative submitted an Informal Hearing Presentation (IHP) dated June 14, 2022, (and received on June 23, 2022) addressing the issues on appeal.  However, as noted above, a withdrawal of an appeal is effective when received.  The Veteran's statement requesting withdrawal was received on June 13, 2022, several days prior to the IHP, and there is no indication that he intended to rescind his intent to withdraw such appeal.  The Board is cognizant of DeLisio v. Shinseki, 25 Vet. App. 45 (2011), holding that withdrawal of a claim is only effective where it is explicit, unambiguous, and done with a full understanding of the consequences of such action on the part of the claimant.  The Veteran's written June 6, 2022, withdrawal was clear and unambiguous on its face as to its intent.]  

Accordingly, there remain no questions of fact or law in these matters for the Board to consider, and the Board does not have jurisdiction to further consider appeals in the matters.   

 

John R. Doolittle, II

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	Bayles, James J.

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.