Citation Nr: 20028050
Decision Date: 04/22/20	Archive Date: 04/22/20

DOCKET NO. 11-16 171
DATE: April 22, 2020

ORDER

The appeal regarding service connection for an acquired psychiatric disorder other than posttraumatic stress disorder (PTSD) is dismissed.

FINDING OF FACT

On April 3, 2020, prior to the promulgation of a decision in the appeal, the Board received notification from the Veteran, through his representative, that he wished to withdraw his appeal as to the claim for service connection for an acquired psychiatric disorder other than PTSD.

CONCLUSION OF LAW

The criteria for withdrawal of the claim for service connection for an acquired psychiatric disorder other than PTSD have been met.  38 U.S.C. § 7105; 38 C.F.R. § 20.205.

REASONS AND BASES FOR FINDING AND CONCLUSION

This matter comes before the Board of Veterans’ Appeals (Board) on appeal from a March 2009 rating decision by a Department of Veterans Affairs (VA) Regional Office (RO), which denied the Veteran service connection for an acquired psychiatric disorder other than PTSD.

In April 2018, the Board remanded the Veteran’s claim to the Agency of Original Jurisdiction (AOJ) for further action consistent with the Board’s remand directives.  The claim is back before the Board for further appellate proceedings.

In the same April 2018 decision, the Board denied claims of entitlement to service connection for PTSD and diabetes mellitus.  The Veteran appealed those denials to the Court of Appeals for Veterans Claims (Court).  In January 2019, the Court granted a Joint Motion for Partial Remand (JMPR) filed by representatives for both parties and remanded it to the Board for further proceedings consistent with the JMPR.  In February 2020, the Board granted a January 2020 motion for extension of time to submit additional evidence and/or argument regarding those appeals.  See February 2020 extension request.  The extension granted an additional 90-day period, which has not yet elapsed. 

However, as to the claim for service connection for an acquired psychiatric disorder other than PTSD, the Veteran has since requested a withdrawal of this claim in particular.  See April 2020 appellant’s brief.  The Board may accordingly act on the withdrawn claim now and will issue a decision on the service connection claims for PTSD and diabetes once the 90-day extension period has expired.  

Turning to the appeal regarding service connection for an acquired psychiatric disability other than PTSD, 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, the Veteran has withdrawn the claim for service connection for a psychiatric disability other than PTSD and, hence, there remain no allegations of error of fact or law for appellate consideration as to the particular claim.  Accordingly, the Board does not have jurisdiction to review the appeal regarding service connection for an acquired psychiatric disorder other than PTSD and it is dismissed.

 

 

DONNIE R. HACHEY

Veterans Law Judge

Board of Veterans’ Appeals

Attorney for the Board	A. Strickland

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.