Citation Nr: A24018564
Decision Date: 04/16/24	Archive Date: 04/16/24

DOCKET NO. 220722-261287
DATE: April 16, 2024

ORDER

The appeal of entitlement to service connection for tension headaches, is dismissed.

The appeal of entitlement to service connection for left knee ganglion cyst with bursitis, is dismissed.  

FINDING OF FACT

Prior to the promulgation of a decision in this appeal, the Veteran and her representative requested a withdrawal of the Veteran's claims for entitlement to service connection for tension headaches and left knee ganglion cyst with bursitis.

CONCLUSIONS OF LAW

1. The criteria for withdrawal of entitlement to service connection for tension headaches, has been met.  38 U.S.C. § 7105; 38 C.F.R. § 20.205.

2. The criteria for withdrawal of entitlement to service connection for left knee ganglion cyst with bursitis, has been met.  38 U.S.C. § 7105; 38 C.F.R. § 20.205.

REASONS AND BASES FOR FINDING AND CONCLUSIONS

The Veteran served on active duty from August 2001 to May 2002, from April 2008 to June 2009, from July 12, 2010 to July 23, 2010, and from January 2011 to January 2012.  This matter comes to the Board of Veterans' Appeals (Board) on appeal from rating decisions in February 2022 (regarding the left knee) and March 2202 (regarding the headaches) from a Department of Veteran Affairs (VA) Regional Office (RO) under the modernized appeals system known as the Appeals Modernization Act (AMA).

1. The appeal of entitlement to service connection for tension headaches, is dismissed.

2. The appeal of entitlement to service connection for left knee ganglion cyst with bursitis, is dismissed.

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  An appeal may be withdrawn as to any or all issues involved in the appeal at any time before the Board promulgates a decision.  38 C.F.R. § 20.205.  

In February 2024, the Veteran and her representative submitted written correspondence, received by the VA on February 9, 2024, stating that the Veteran wished to withdraw her appeal as to entitlement to service connection for tension headaches and for left knee ganglion cyst with bursitis.  Withdrawal may be made by the Veteran or by her authorized representative.  Id.

The Board finds that the language used in the February 2024 correspondence is clear and unambiguous and its return to the Board is indicative of an informed and purposeful decision. See DeLisio v. Shinseki, 25 Vet. App. 45 (2011).

In the present case, the Veteran, through her authorized representative, has withdrawn this appeal and, hence, 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 it is dismissed.

 

 

Bethany L. Buck

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	R. Smith, 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.