Citation Nr: A25035102
Decision Date: 04/16/25	Archive Date: 04/16/25

DOCKET NO. 250102-505618
DATE: April 16, 2025

ORDER  

The appeal as to the issue of entitlement to service connection for back injury is dismissed.  

FINDING OF FACT  

On April 15, 2025, prior to issuance of a final decision, the Board of Veterans' Appeals (Board) received written notification from the Veteran, with applicable name and file number, of an intent to withdraw a January 2, 2025, VA Form 10182, Decision Review Request: Board Appeal (Notice of Disagreement (NOD)) as to the issue of entitlement to service connection for back injury.  

CONCLUSION OF LAW  

The criteria for dismissal of the appeal as to the issue of entitlement to service connection for back injury are met. 38 U.S.C. §§ 511, 7104, 7105; 38 C.F.R. § 20.205.  

REASONS AND BASES FOR FINDING AND CONCLUSION  

The Veteran had active service from February 1967 to February 1970.  

This matter comes to the Board from an October 2024 decision issued by a Department of Veterans Affairs (VA) Regional Office (RO/AOJ) denying, in part, the issue of entitlement to service connection for back injury.  The Veteran appealed the decision as to that issue by filing a NOD in January 2025.  He elected the Hearing docket.  On April 15, 2025, the Veteran, through his attorney, withdrew the hearing request.  

The Board may dismiss any appeal which fails to identify the specific determination with which the claimant disagrees.  38 U.S.C. § 7105(d).  

The requirements for making a written withdrawal of an appeal are set out in 38 C.F.R. § 20.205.  By regulation, a veteran's "appeal may be withdrawn as to any or all issues involved in the appeal."  38 C.F.R. § 20.205(a).  To be effective, "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  The withdrawal must also include "the applicable [VA] file number, and a statement that the appeal is withdrawn."  Furthermore, if "the appeal involves multiple issues, the withdrawal must specify that the appeal is withdrawn in its entirety, or list the issue(s) withdrawn from the appeal."  38 C.F.R. § 20.205(b)(1).  

When deciding whether the withdrawal is valid, the Board should ordinarily confine itself to examining the written submission to determine whether it complies with the requirements laid out in the regulation.  See Hembree v. Wilkie, 33 Vet. App. 1, 6 (2020).  If the withdrawal includes the name of the veteran, the file number, and unambiguously identifies the claims to be withdrawn, the written withdrawal will be considered valid, and the Board need not look to other evidence to find it so.  Hembree, 33 Vet. App. at 6.  

On April 15, 2025, the Veteran's appointed representative submitted a written statement including the Veteran's name, VA file number (social security number), and requested the statement be accepted as notice of the Veteran's withdrawal of the claim (appeal) as to the listed issue of entitlement to service connection for back injury.  The statement also included the representative's signature.  

Accordingly, the Veteran's appeal as to the issue of entitlement to service connection for back injury was withdrawn.  38 C.F.R. § 20.205.  The appeal is dismissed.  

 

 

MICHAEL A. HERMAN

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	W. Dwyer

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.