Citation Nr: 20064483
Decision Date: 10/05/20	Archive Date: 10/05/20

DOCKET NO. 15-22 819
DATE: October 5, 2020

ORDER

1. Service connection for major depressive disorder is withdrawn. 

2. Service connection for generalized anxiety disorder is withdrawn. 

FINDING OF FACT

On July 29, 2020, prior to the promulgation of a decision in the appeal, the Board received notification from the appellant that he wished to withdraw all remaining issues associated with his appeal. 

CONCLUSION OF LAW

The criteria for withdrawal of an appeal by the appellant have been met with respect to the issues of entitlement to service connection for major depressive disorder and entitlement to service connection for generalized anxiety disorder.  38 U.S.C. § 7105; 38 C.F.R. § 20.205.

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  An appeal may be withdrawn as to any or all issues involved in the appeal at any time before the Board promulgates a decision.  38 C.F.R. § 20.205.  Withdrawal may be made by the appellant or by his or her authorized representative.  38 C.F.R. § 20.205.  

In the present case, received on July 29, 2020, was an Appeals Satisfaction Notice singed by the appellant. Such states that the appellant wished to withdraw all remaining issues contained in the recent Supplemental Statement of the Case and that further development actions associated with such issues be discontinued. It was noted that the form is only to be returned if the appellant no longer wished to pursue the remaining items contained in his Supplemental Statement of the Case.  Hence, there remain no allegations of fact or law for appellate consideration with respect to these claims. Under these circumstances, the issues are no longer within the Board’s jurisdiction. See Hamilton v. Brown, 4 Vet. App. 528 (1993) (en banc) aff’d, 39 F.3d 1574 (Fed. Cir. 1994) (holding that the Board is without the authority to proceed on an issue if the claimant indicates that consideration of that issue should cease). Accordingly, the Board does not have jurisdiction to review the appeal of the issues, and they are dismissed. 

 

Cynthia M. Bruce

Veterans Law Judge

Board of Veterans’ Appeals

Attorney for the Board	T.Russell

The Board’s decision in this case is binding only with respect to the instant matter decided. This decision is not precedential and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.