Citation Nr: 18144816
Decision Date: 10/25/18	Archive Date: 10/25/18

DOCKET NO. 17-58 003
DATE:	October 25, 2018
ORDER
Entitlement to an initial disability rating in excess of 50 percent for major depressive disorder with anxious distress and somatic symptom disorder is dismissed.
FINDING OF FACT
Prior to the promulgation of a decision in the appeal, the Veteran withdrew his claim for entitlement to an initial disability rating in excess of 50 percent for major depressive disorder with anxious distress and somatic symptom disorder.
CONCLUSION OF LAW
The criteria for the withdrawal of the appeal for entitlement to an initial disability rating in excess of 50 percent for major depressive disorder with anxious distress and somatic symptom disorder have been met.  38 U.S.C. § 7105 (2012); 38 C.F.R. § 20.204 (2017)
REASONS AND BASES FOR FINDING AND CONCLUSION
Entitlement to an initial disability rating in excess of 50 percent for major depressive disorder with anxious distress and somatic symptom disorder
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.  A substantive appeal may be withdrawn by a veteran or his or her authorized representative in writing or at a hearing at any time before the Board promulgates a decision.  38 C.F.R. § 20.204.
In a September 2018 statement from the Veteran’s, he withdrew his pending claim for entitlement to an initial disability rating in excess of 50 percent for major depressive disorder with anxious distress and somatic symptom disorder.  Thus, as there remains no allegation of error of fact or law for the Board to address with respect to this issue, the Board does not have jurisdiction over this appeal, and it must be dismissed.
 
MICHAEL MARTIN
Veterans Law Judge
Board of Veterans’ Appeals
ATTORNEY FOR THE BOARD	Jessica O'Connell, Associate Counsel