Citation Nr: 1306797	
Decision Date: 02/27/13    Archive Date: 03/01/13

DOCKET NO.  09-08 783	)	DATE
	)


On appeal from the decision of the 
Department of Veterans Affairs Regional Office in St. Petersburg, Florida


THE ISSUE

Entitlement to a rating in excess of 70 percent for major depressive disorder.


REPRESENTATION

Appellant represented by:	Disabled American Veterans


ATTORNEY FOR THE BOARD

K.S. Hughes, Counsel




INTRODUCTION

The appellant is a Veteran who served on active duty from January 1994 to June 1994, from November 1994 to March 1995, from October 2001 to April 2005, and from February 2006 to October 2006.  This matter is before the Board of Veterans' Appeals (Board) on appeal from a September 2007 rating decision of the St. Petersburg, Florida Department of Veterans Affairs (VA) Regional Office (RO) that granted service connection for major depressive disorder, rated 50 percent.  In July 2007 a hearing was held before a decision review officer (DRO) at the RO.  A transcript of the hearing is associated with the claims file.  In June 2007, the Veteran requested a hearing before the Board.  In a statement received in February 2009, he withdrew the request.  This matter was previously before the Board in July 2012, at which time it was remanded for additional development.  A November 2012 rating decision increased the rating to 70 percent, effective October 26, 2012.


FINDING OF FACT

On February 12, 2013, prior to the promulgation of a decision in the appeal on the matter, the Board received notification from the Veteran in writing that he is satisfied with the 70 percent rating for major depressive disorder and wished to withdraw the appeal; there is no question of fact or law remaining before the Board in this matter.


CONCLUSION OF LAW

Regarding the rating for major depressive disorder, the criteria for withdrawal of an appeal by the appellant are met; the Board has no further jurisdiction in this matter.  38 U.S.C.A. § 7105(b)(2), (d)(5) (West 2002); 38 C.F.R. §§ 20.202, 20.204 (2012).




REASONS AND BASES FOR FINDINGS AND CONCLUSION

Veterans Claims Assistance Act of 2000 (VCAA)

The VCAA, in part, describes VA's duties to notify and assist claimants in substantiating a claim for VA benefits.  See 38 U.S.C.A. §§ 5100, 5102, 5103, 5103A, 5106, 5107, 5126; 38 C.F.R. §§ 3.102, 3.156(a), 3.159, 3.326(a).  The VCAA applies to the instant claim; however, given the appellant's expression of intent to withdraw his appeal in the matter of the rating for major depressive disorder, further discussion of the impact of the VCAA on the matter is not necessary.

Legal Criteria, Factual Background, and Analysis

The Board has jurisdiction where there is a question of law or fact on appeal to the Secretary.  38 U.S.C.A. § 7104; 38 C.F.R. § 20.101.  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.A. § 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 in a matter.  38 C.F.R. § 20.204.  Withdrawal may be made by the appellant.  38 C.F.R. § 20.204.

In a written statement received in February 2013, the Veteran indicated that he is satisfied with the 70 percent rating now assigned for his major depressive disorder and wished to discontinue his appeal in the matter.  Hence, there is no allegation of error of fact or law for appellate consideration in the matter.  Accordingly, the Board does not have jurisdiction to consider an appeal in the matter, and the appeal must be dismissed.






ORDER

The appeal seeking an increased rating for major depressive disorder is dismissed.


____________________________________________
George R. Senyk
	Veterans Law Judge, Board of Veterans' Appeals


Department of Veterans Affairs