Citation Nr: A25035602
Decision Date: 04/17/25	Archive Date: 04/17/25

DOCKET NO. 210619-167145
DATE: April 17, 2025

ORDER

Entitlement to revision of the evaluation of hiatal hernia, with gastroesophageal reflux disease, irritable bowel syndrome, reflux esophagitis, and ineffective esophageal peristalsis has been withdrawn. 

FINDING OF FACT

On April 14, 2025, prior to the promulgation of a decision in the appeal, the Veteran requested to withdraw the issue of revision of the evaluation of hiatal hernia, with gastroesophageal reflux disease, irritable bowel syndrome, reflux esophagitis, and ineffective esophageal peristalsis.    

CONCLUSION OF LAW

The criteria for withdrawal of the issue of entitlement to revision of the evaluation of hiatal hernia, with gastroesophageal reflux disease, irritable bowel syndrome, reflux esophagitis, and ineffective esophageal peristalsis, by the Veteran, are 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 from June 1981 to July 2006. 

This matter is before the Board of Veterans' Appeals (Board) on appeal from an April 2021 rating decision that considered the evidence of record on that date.  The Veteran timely appealed this decision to the Board by requesting the AMA Hearing docket.

1. Entitlement to revision of the evaluation of hiatal hernia, with gastroesophageal reflux disease, irritable bowel syndrome, reflux esophagitis, and ineffective esophageal peristalsis has been withdrawn.

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  An appeal may be withdrawn as to any or all issues involved in the appeal at any time before the Board promulgates a decision.  38 C.F.R. § 20.205.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

In the present case, the Veteran notified the Board that he wished to withdraw the above issue in an April 14, 2025, correspondence.  The withdrawal was explicit, unambiguous, and done with a full understanding of the consequences of such action on the part of the claimant.  DeLisio v. Shinseki, 25 Vet. App. 45, 57 (2011); see Acree v. O'Rourke, 891 F.3d 1009, 1014 (Fed. Cir. 2018).  Hence, there remains no allegations of errors of fact or law for appellate consideration for the above issues. 

Accordingly, the Board does not have jurisdiction to review the appeal as to entitlement to revision of the evaluation of hiatal hernia, with gastroesophageal reflux disease, irritable bowel syndrome, reflux esophagitis, and ineffective esophageal peristalsis.

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The claim is dismissed.

 

 

H.M. WALKER

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	AK

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.