Citation Nr: 18155844
Decision Date: 12/06/18	Archive Date: 12/06/18

DOCKET NO. 16-47 449
DATE:	December 6, 2018
ORDER
Whether new and material evidence has been received to reopen a claim for service connection for an acquired psychiatric disorder is dismissed. 
REFERRED
Statements submitted in April 2015 and September 2016 (on a VA Form 9) allege clear and unmistakable error (CUE) in an October 2010 rating decision that severed service connection for an acquired psychiatric disorder.  These statements are construed as motions for CUE in the October 2010 rating decision.  A motion for CUE is not a “claim” for benefits and is not subject to the regulations governing submission of claims on standard forms.  38 C.F.R. §§ 3.105, 3.155.  The Agency of Original Jurisdiction (AOJ) must determine in the first instance whether there was CUE in a prior final rating decision.  As the AOJ has not issued a rating decision addressing this matter, the motions alleging CUE in the October 2010 rating decision are referred to the AOJ for initial adjudication.

FINDING OF FACT
In September 2016, prior to the promulgation of a decision in the appeal, the Board received written notification from the Veteran, through his agent, that a withdrawal of the petition seeking to reopen a claim of service connection for an acquired psychiatric disorder was requested.  
CONCLUSION OF LAW
The criteria for withdrawal of the appeal seeking to reopen a claim of service connection for an acquired psychiatric disorder have been met.  38 U.S.C. § 7105(b)(2), (d)(5); 38 C.F.R. § 20.204.
REASONS AND BASES FOR FINDING AND CONCLUSION
The appellant served on active duty for training (ACDUTRA) between July and November 1970. He also had reserve service in the Air National Guard from May 1970 to July 1973. 
This matter is before the Board of Veterans’ Appeals (Board) on appeal from a March 2015 rating decision of a Department of Veterans Affairs (VA) Regional Office (RO). 
New and material evidence related to service connection for an acquired psychiatric 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.  An appeal may be withdrawn as to any or all issues involved in the appeal at any time before the Board promulgates a decision.  38 C.F.R. § 20.204.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 his September 2016 VA Form 9, the Veteran, through his agent, specifically requested to withdraw his notice of disagreement with the March 2015 rating decision.  The March 2015 rating decision reopened but denied on the merits a claim of service connection for an acquired psychiatric disability.  Thus, the Veteran’s representative specifically requested withdrawal of the appeal seeking to reopen the claim of service connection for an acquired psychiatric disorder.  As the Veteran, through his agent, has knowingly and voluntarily withdrawn the appeal of this issue in accordance with 38 C.F.R. § 20.204, there remains no allegation of error of fact or law for the Board to address.  Accordingly, the Board does not have jurisdiction to review the appeal of this issue and it is dismissed.
 
M. SORISIO
Veterans Law Judge
Board of Veterans’ Appeals
ATTORNEY FOR THE BOARD	M. H. White, Associate Counsel