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Board of Veterans' Appeals · AMA series

The appeal concerning the issue of entitlement to service connection for sinusitis is dismissed.

July 30, 2026Citation Nr. A26069947Docket 251210-622694va.gov source

  • entitlement to service connection for sinusitisDismissed
  • entitlement to service connection for rhinitisDismissed
  • entitlement to service connection for a cervical spine conditionDismissed
  • entitlement to service connection for a left shoulder conditionDismissed
  • entitlement to service connection for tinnitusDismissed

Board reasoning

The Board dismissed the appeal because a withdrawal of the entire appeal was requested prior to decision, leaving no remaining issues for adjudication. The withdrawal was properly executed through the appellant and his representative, demonstrating that the Board lacked jurisdiction to review the matters on appeal.

Authorities

  • Hembree v. Wilkie, 33 Vet. App. 1 (2020)Cited regarding withdrawal mechanics and requirements
  • 38 C.F.R. § 20.205Regulatory requirement for withdrawal of appeals
  • 38 U.S.C. § 7105Statutory basis for dismissal of appeals
Citation Nr: A26069947 Decision Date: 07/30/26 Archive Date: 07/30/26 DOCKET NO. 251210-622694 DATE: July 30, 2026 ORDER The appeal concerning the issue of entitlement to service connection for sinusitis is dismissed. The appeal concerning the issue of entitlement to service connection for rhinitis is dismissed. The appeal concerning the issue of entitlement to service connection for a cervical condition is dismissed. The appeal concerning the issue of entitlement to service connection for a left shoulder condition is dismissed. The appeal concerning the issue of entitlement to service connection for tinnitus is dismissed. FINDING OF FACT On March 17, 2026, prior to the promulgation of a decision in the appeal, the Board received notification from the appellant, through his authorized representative, that a withdrawal of this appeal is requested. CONCLUSIONS OF LAW 1. The criteria for withdrawal of the appeal for entitlement to service connection for sinusitis have been met. 38 U.S.C. § 7105; 38 C.F.R. § 20.205. 2. The criteria for withdrawal of the appeal for entitlement to service connection for rhinitis have been met. 38 U.S.C. § 7105; 38 C.F.R. § 20.205. 3. The criteria for withdrawal of the appeal for entitlement to service connection for a cervical spine condition have been met. 38 U.S.C. § 7105; 38 C.F.R. § 20.205. 4. The criteria for withdrawal of the appeal for entitlement to service connection for a left shoulder condition have been met. 38 U.S.C. § 7105; 38 C.F.R. § 20.205. 5. The criteria for withdrawal of the appeal for entitlement to service connection for tinnitus have been met. 38 U.S.C. § 7105; 38 C.F.R. § 20.205. REASONS AND BASES FOR FINDING AND CONCLUSION The Veteran served in the United States Air Force from March 1953 to April 1980. The rating decision on appeal was issued in September 2025. In a December 2025 VA Form 10182, Decision Review Request: Board Appeal (Notice of Disagreement), the Veteran elected the Hearing docket. On March 17, 2026, the Veteran withdrew his hearing request. Dismissal 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 an appellant or an appellant's authorized representative. Id. A written withdrawal must include (1) the name of the Veteran, the name of the claimant or appellant if other than the Veteran, (2) the applicable VA file number, and (3) a statement that the appeal is withdrawn. 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. See 38 C.F.R. § 20.205(b)(1); Hembree v. Wilkie, 33 Vet. App. 1 (2020). All of the aforementioned requirements have been met. On March 17, 2026, the Veteran, through his appointed representative, submitted a written and signed Statement in Support Claim form requesting both a withdrawal of the scheduled Board hearing and a dismissal of all the issues on appeal. Accordingly, the Board does not have jurisdiction to review the appeal, and it is dismissed. D. JOHNSON Veterans Law Judge Board of Veterans' Appeals Attorney for the Board Elsbach, E. R. 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.