Citation Nr: 21004604
Decision Date: 01/27/21	Archive Date: 01/27/21

DOCKET NO. 15-18 795
DATE: January 27, 2021

ORDER

Entitlement to an increased evaluation for major depressive disorder, currently rated as 50 percent disabling, is dismissed.

Entitlement to an increased evaluation for degenerative disc disease of the lumbar spine, currently rated as 20 percent disabling, is dismissed.

FINDING OF FACT

In July 2019, the Veteran submitted a written statement indicating his intention to withdrawal his appeal of the denial of increased disability ratings for his service-connected psychiatric and lumbar spine disabilities.

CONCLUSION OF LAW

For the issues of entitlement to increased disability ratings for major depressive disorder and degenerative disc disease of the lumbar spine, the criteria for the withdrawal of an appeal by the appellant have been met.  38 U.S.C. § 7105; 38 C.F.R. § 20.205.

REASONS AND BASES FOR FINDING AND CONCLUSION

The Veteran served on active duty from November 1995 to April 2005.  This case comes to the Board from a decision issued by the Agency of Original Jurisdiction (AOJ) in August 2014.  In October 2018, the Veteran testified before the undersigned at a videoconference hearing.  A transcript of that hearing is of record.  

The Board may dismiss any appeal which fails to allege a 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  An appeal may be withdrawn as to any or all issues involved in the appeal at any time before the Board promulgates a decision.

In July 2019, the Veteran submitted a written statement, which indicates his intention to withdrawal his appeal of both of the issues remaining in appellate status.  This statement complies with 38 C.F.R. § 20.205(b)(1) (form and content required for withdrawal of an appeal) because it is in writing, is signed by the Veteran, and includes his name, the applicable VA claims file number, and a statement of his desire to withdraw his appeal with respect to both issues.

Accordingly, with respect to the claims listed on the title page of this decision, there are no longer any alleged errors of fact or law for appellate consideration.  Therefore, the Board no longer has jurisdiction to review the Veteran’s appeal of these issues and they are dismissed.

 

 

DAVID L. WIGHT

Veterans Law Judge

Board of Veterans’ Appeals

Attorney for the Board	M. Nye, Counsel

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.