Citation Nr: A25035231
Decision Date: 04/16/25	Archive Date: 04/16/25

DOCKET NO. 210729-175283
DATE: April 16, 2025

ORDER

Entitlement to service connection for a deviated septum has been withdrawn.

Entitlement to service connection for sinusitis has been withdrawn.

Entitlement to service connection for rhinitis has been withdrawn.

FINDINGS OF FACT

1. During his April 14, 2025 Board hearing, prior to the promulgation of a decision in the appeal, the Veteran requested to withdraw the issue of entitlement to service connection for a deviated septum.

2. During his April 14, 2025 Board hearing, prior to the promulgation of a decision in the appeal, the Veteran requested to withdraw the issue of entitlement to service connection for sinusitis.

3. During his April 14, 2025 Board hearing, prior to the promulgation of a decision in the appeal, the Veteran requested to withdraw the issue of entitlement to service connection for rhinitis.

CONCLUSIONS OF LAW

1. The criteria for withdrawal of entitlement to service connection for a deviated septum by the Veteran have been met.  38 U.S.C. § 7105; 38 C.F.R. § 20.205.

2. The criteria for withdrawal of entitlement to service connection for sinusitis by the Veteran have been met.  38 U.S.C. § 7105; 38 C.F.R. § 20.205.

3. The criteria for withdrawal of entitlement to service connection for rhinitis by the Veteran have been met.  38 U.S.C. § 7105; 38 C.F.R. § 20.205.

REASONS AND BASES FOR FINDINGS AND CONCLUSIONS

The Veteran served on active duty in the United States Marine Corps from August 1970 to September 1996.

The rating decision on appeal was issued in June 2021 and constitutes an initial decision; therefore, the modernized review system, also known as the Appeals Modernization Act (AMA), applies.  In the July 2021 VA Form 10182, Decision Review Request: Board Appeal (Notice of Disagreement), the Veteran elected the Hearing docket.

1. Entitlement to service connection for a deviated septum.

2. Entitlement to service connection for sinusitis.

3. Entitlement to service connection for rhinitis.

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  An appeal may be withdrawn as to any or all issues involved in the appeal at any time before the Board promulgates a decision.  38 C.F.R. § 20.205.  Withdrawal may be made by the appellant or an authorized representative.  Id.

In the present case, during his April 14, 2025 Board hearing, the Veteran requested to withdraw his appeal for the above issues.  Therefore, the Board finds that the Veteran has explicitly, unambiguously, and with a full understanding of the consequences withdrawn the appeal with respect to the above issues, such that there remains no allegations of error of fact or law for appellate consideration.

Accordingly, the appeal is dismissed. 

 

H.M. WALKER

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	Caitlin B.

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.