Citation Nr: 18155624
Decision Date: 12/04/18	Archive Date: 12/04/18

DOCKET NO. 16-59 690
DATE:	December 4, 2018
ORDER
The claim for service connection for a mental disorder, to include panic disorder and depression, is dismissed.
FINDING OF FACT
In August 2018, VA received a written statement by the Veteran withdrawing the claim for a mental disorder, to include panic disorder and depression.
CONCLUSION OF LAW
The criteria for withdrawal of an appeal of the issue of entitlement to service connection for a mental disorder, to include panic disorder and depression, have been met. 38 U.S.C. § 7105 (b)(2), (d)(5) (2012); 38 C.F.R. § 20.204.
REASONS AND BASES FOR FINDING AND CONCLUSION
The Veteran served on active duty from June 1980 to June 1984.  This matter is before the Board of Veterans’ Appeals (Board) on appeal from a March 2016 rating decision of a Department of Veterans Affairs (VA) Regional Office (RO). 
Withdrawn Issue
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 An appeal may be withdrawn as to any or all issues involved in the appeal at any time before the Board promulgates a decision. 38 C.F.R. § 20.204.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 August 2018, prior to the promulgation of a decision in the appeal, the appellant, via his representative, requested withdrawal of his appeal for panic disorder and depression.  See VA 21-4138 (“I no longer wish to pursue my pending NOD/Appeal at this time.  Please drop and disregard my Appeal.”).  Hence, there remains no allegation of error of fact or law for appellate consideration of these issues. Accordingly, the Board does not have jurisdiction to review the appeal of these issues and they are dismissed.
 
Paul Sorisio
Veterans Law Judge
Board of Veterans’ Appeals
ATTORNEY FOR THE BOARD	A. M. Williams, Associate Counsel