Citation Nr: A25041294
Decision Date: 05/06/25	Archive Date: 05/06/25

DOCKET NO. 210928-188719
DATE: May 6, 2025

ORDER

Entitlement to service connection for a cervical spine disability is dismissed.

FINDING OF FACT

The Veteran, via his representative, withdrew his appeal on April 24, 2025.

CONCLUSION OF LAW

The criteria for dismissal of entitlement to service connection for a cervical spine disability have been 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 July 1999 to July 2003.

In a December 2019 rating decision, the agency of original jurisdiction (AOJ) denied the Veteran's Supplemental Claim, filed earlier that month, for a cervical spine disability. The Veteran then filed a new Supplemental Claim for a cervical spine disability in August 2020, and this was denied in a new AOJ rating decision that month. 

In September 2021, the Veteran submitted a notice of disagreement (NOD), indicating that it was his intent to appeal the December 2019 AOJ rating decision. In that NOD, the Veteran elected the Hearing docket. On April 24, 2025, the Veteran withdrew the hearing request by withdrawing his appeal.

1. Entitlement to service connection for cervical spine condition is dismissed.

An appeal may be withdrawn as to any or all issues involved in the appeal at any time before the Board promulgates a decision. 38 C.F.R. § 20.205.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

On April 24, 2025, the Veteran's representative submitted a statement that she had spoken with the Veteran and that he had opted to withdraw this docketed appeal in its entirety. This statement contained all the necessary elements as required by 38 C.F.R. § 20.205.

Thus, the Veteran has withdrawn the issue of entitlement to service connection for a cervical spine disability. There remain no allegations of errors of fact or law for appellate consideration. 38 C.F.R. § 20.205.

This appeal has been appropriately withdrawn and it is dismissed.

 

 

Thomas H. O'Shay

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	J. Kronick

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 This decision is not precedential and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.