Citation Nr: A23028362
Decision Date: 10/13/23	Archive Date: 10/13/23

DOCKET NO. 220426-240005
DATE: October 13, 2023

ORDER

Entitlement to service connection for rhabdomyolysis (also claimed as blood in urine, debilitating back condition, and tightened and fatigue joints) is dismissed.

FINDING OF FACT

In August 2023 the Veteran's representative withdrew the Veteran's appeal regarding entitlement to service connection for rhabdomyolysis (also claimed as blood in urine, debilitating back condition, and tightened and fatigue joints).

CONCLUSION OF LAW

The criteria for dismissal of entitlement to service connection for rhabdomyolysis (also claimed as blood in urine, debilitating back condition, and tightened and fatigue joints) have been met.  38 U.S.C. § 7105; 38 C.F.R. § 20.205.

REASONS AND BASES FOR FINDING AND CONCLUSION

The Veteran served on active-duty military service from October 2013 to March 2017. 

This matter comes before the Board of Veterans' Appeals (Board) on appeal from an August 2021 Department of Veterans Affairs (VA) Regional Office (RO) rating decision.

In the April 2022 VA Form 10182, Decision Review Request: Board Appeal, the Veteran elected the Hearing docket. He since withdrew his appeal. 

Withdrawal

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 An appeal may be withdrawn as to any or all issues involved in the appeal at any time before the Board promulgates a decision. Withdrawal may be made by the appellant or by his or her authorized representative. Appeal withdrawals must include the name of the veteran, the name of the claimant or appellant if other than the veteran (e.g., a veteran's survivor, a guardian, or a fiduciary appointed to receive VA benefits on an individual's behalf), the applicable Department of Veterans Affairs file number, and a statement that the appeal is withdrawn. If the appeal involves multiple issues, the withdrawal must specify that the appeal is withdrawn in its entirety or list the issue(s) withdrawn from the appeal. 38 C.F.R. § 20.205

In the present case, the Veteran appealed the August 2021 rating decision that denied entitlement to service connection for rhabdomyolysis. However, in an August 2023 written statement, the Veteran's representative conveyed the Veteran's desire to withdraw the appeal. The withdrawal was explicit, unambiguous, and done with a full understanding of the consequences of such action. Thus, there remain no allegations of errors of fact or law for appellate consideration.

Accordingly, the Board does not have jurisdiction to review the appeal and the claim for entitlement to service connection for rhabdomyolysis (also claimed as blood in urine, debilitating back condition, and tightened and fatigue joints) is dismissed.

 

 

S. Sorathia 

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	J.T. Graham

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.