Citation Nr: 21061717
Decision Date: 10/05/21	Archive Date: 10/05/21

DOCKET NO. 16-41 139
DATE: October 5, 2021

ORDER

Entitlement to service connection for an acquired psychiatric disorder, to include posttraumatic stress disorder (PTSD), has been withdrawn and is dismissed.

FINDING OF FACT

In August 2021, prior to the promulgation of a decision in the appeal, the Board received notification from the Veteran that a withdrawal of the claim for service connection for an acquired psychiatric disorder is requested.

CONCLUSION OF LAW

The criteria for withdrawal of the claim for service connection for an acquired psychiatric disorder by the Veteran are met. 38 U.S.C. § 7105 (b)(2), (d)(5); 38 C.F.R. § 19.55.

 

REASONS AND BASES FOR FINDING AND CONCLUSION

The Veteran had active service in the United States Army from June 1966 to March 1968. This matter is before the Board of Veterans' Appeals (Board) on appeal from an August 2013 rating decision of the Department of Veterans Affairs (VA) Regional Office (RO). This matter was most recently before the Board in December 2019 when it was remanded for additional development, to include an examination.  

Withdrawal

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 An appeal may be withdrawn in writing as to any or all issues involved in the appeal at any time before the Board promulgates a decision. 38 C.F.R. § 19.55 (a). Withdrawal may be made by the appellant or by his or her authorized representative. Id.

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Entitlement to service connection for an acquired psychiatric disorder, to include PTSD. 

In a July 2020 phone call, the Veteran stated he wished to withdraw his pending appeal as referenced in the December 20, 2019 Board remand. See 7/7/2020, 

VA 27-0820 Report of General Information. VA attempted to clarify whether the Veteran wished to withdraw his appeal on February 4, 2021. See 2/4/2021, 

BVA Letter. In another phone call on August 30, 2021, the Veteran confirmed that he wished to withdraw the appeal as explained in the February 2021 letter and to cancel the Board hearing scheduled in September 2021. See 8/30/2021, 

VA 27-0820 Report of General Information.

Hence, there remain no allegations of errors of fact or law for appellate consideration as to that matter. The requirements of the Veteran's name/file number and identifying the issue are met per 38 C.F.R. § 19.55(b). Accordingly, the Board does not have jurisdiction to review the above issue, and it is dismissed. 

 

 

Paul Sorisio

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	G. Morales, 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.