12-20 552
12-20 552
| Board of Vet. App. | Jun 30, 2016Background
- Veteran served on active duty May 1967–Oct 1968 and appealed a March 2011 RO denial of service connection for residuals of a fractured sternum.
- The appeal was before the Board after prior remand in April 2014 and the Veteran testified at Board hearings in Jan 2014 and Dec 2015.
- Two different Veterans Law Judges (VLJs) presided at separate hearings; pursuant to Arneson a three-member panel would ordinarily decide the matter unless waived.
- During the December 2015 hearing the Veteran expressly withdrew his appeal of the denial of service connection for the fractured sternum; he later confirmed that waiver in writing (May 2016).
- Because the Veteran clearly and unambiguously withdrew the appeal, the Board found no remaining allegation of error to adjudicate and dismissed the appeal for lack of jurisdiction.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the appeal of the denial of service connection for residuals of a fractured sternum should proceed | Veteran: he withdrew the appeal on the record at the Dec 2015 hearing (confirmed in writing) | VA/Board: no continuing allegation of error; withdrawal effective; dismissal appropriate | Appeal dismissed for lack of jurisdiction because the Veteran withdrew the appeal |
Key Cases Cited
- Arneson v. Shinseki, 24 Vet. App. 379 (2011) (three-judge panel requirement when different VLJs take testimony; waiver by appellant may obviate panel)