Citation Nr: 18144330
Decision Date: 10/24/18	Archive Date: 10/24/18

DOCKET NO. 15-42 512
DATE:	October 24, 2018
ORDER
The appeal for additional compensation for depressive disorder is dismissed.
FINDING OF FACT
In June 2016, the Veteran knowingly advised VA, with the knowledge and agreement of his representative, that he wanted to withdraw his appeal for additional compensation for depressive disorder.
CONCLUSION OF LAW
The criteria to withdraw the appeal for additional compensation for depressive disorder are met.  38 U.S.C. § 7105(b)(2), (d)(5); 38 C.F.R. § 20.204.
REASONS AND BASES FOR FINDING AND CONCLUSION
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  An appeal may be withdrawn as to any or all issues involved in the appeal at any time before the Board promulgates a decision.  38 C.F.R. § 20.204.  Withdrawal may be made by the appellant or by his or her authorized representative.  38 C.F.R. § 20.204.  In the present case, in June 2016, after the agency of original jurisdiction increased his rating for depressive disorder, the Veteran knowingly indicated that he wanted to withdraw his appeal for additional compensation.  Both he and his representative indicated that the grant of the 50 percent rating satisfies his appeal.  Hence, there remain no allegations of errors of fact or law for appellate consideration.  Accordingly, the Board does not have jurisdiction to review the appeal and it is dismissed.


 
M. C. GRAHAM
Veterans Law Judge
Board of Veterans’ Appeals
ATTORNEY FOR THE BOARD	C. Lawson, Counsel