Episode 010: “No, I won’t give you my Debit Card PIN Number” (FCOA Precedent: Acree, #17-1749, Legal standard to withdraw an appeal orally at BVA)

What is the Deep Issue in the Case? VA regulations provide that a veteran’s “appeal may be withdrawn as to any or all issues involved in the appeal.” 38 C.F.R. § 20.204(a). a statement made by a veteran at a board hearing qualifies as an effective claim withdrawal in accordance with the regulation only where it is: (1) “explicit”; (2) “unambiguous”; and (3) “done with a full understanding of the consequences of such action on the part of the [veteran].” DeLisio v. Shinseki, 25 Vet. App. 45, 57 (2011) The BVA Hearing Officer asked the veteran if he was withdrawing seven of his eleven claims from the appeal. This is the extent of the conversation: [BOARD MEMBER]: The issues certified for appellate consideration today, well there’s more issues certified than what we’re going to be discussing because some of the issues have been withdrawn. So let me address the issues that have been withdrawn first. The…

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