Citation Nr: 24007202
Decision Date: 02/09/24	Archive Date: 02/09/24

DOCKET NO. 20-27 746
DATE: February 9, 2024

ORDER

Entitlement to service connection for anal fissure, rectal bleeding, hematochezia, with moderate fecal incontinence, status post polypectomy (intestinal disorder) is dismissed.

FINDING OF FACT

In November 2021, prior to the promulgation of a decision in the appeal, the Board of Veterans' Appeals (Board) received notification from the Veteran that a withdrawal of this appeal is requested.

CONCLUSION OF LAW

The criteria for withdrawal of the claim of service connection for intestinal disorder 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 served on active duty in the United States Army from September 1990 to August 1991.  He served a period of active duty for training from August 1988 to February 1989.  

This matter comes before the Board on appeal from a May 2016 rating decision issued by a Department of Veterans Affairs (VA) Regional Office (RO).  

1. Service Connection for Intestinal Disorder

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  An appeal may be withdrawn as to any or all issues involved in the appeal at any time before the Board promulgates a decision.  38 C.F.R. § 19.55.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

A written withdrawal must be in writing and include (1) the name of the Veteran or the name of the claimant or appellant if other than the Veteran, (2) the applicable VA file number, and (3) a statement that the appeal is withdrawn. If the appeal involves multiple issues, the withdrawal must specify that the appeal is withdrawn in its entirety or list the issue(s) withdrawn from the appeal.  38 C.F.R. §§ 19.55(b)(1).  

In the present case, the Veteran has withdrawn the issue of service connection for intestinal disorder.  In November 2021, the Veteran contacted the RO by phone and requested to "withdraw his BVA appeal NOD 5/11/17."  See November 2021 Correspondence.  The Veteran had submitted a May 2017 notice of disagreement and appealed the denial of the issue of service connection for intestinal disorder.  The withdrawal request included the Veteran's name and his file number, and a clear statement requesting the withdrawal of the appeal.  Hence, there remain no allegations of errors of fact or law for appellate consideration.  Accordingly, the Board does not have jurisdiction to review the issue of service connection for intestinal disorder and it is dismissed.

 

 

D. Martz Ames

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	M. Mathew

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.