Citation Nr: 21062648
Decision Date: 10/08/21	Archive Date: 10/08/21

DOCKET NO. 18-05 616
DATE: October 8, 2021

ORDER

The appeal for an initial disability rating in excess of 50 percent from October 25, 2013, and in excess of 70 percent from June 30, 2017, for service-connected generalized anxiety disorder with depressive disorder, not otherwise specified (also claimed as posttraumatic stress disorder (PTSD)) is dismissed.

FINDING OF FACT

On July 18, 2018, prior to the promulgation of a decision in the appeal, the Board received notification from the appellant, through his authorized representative, that a withdrawal of this appeal is requested.

CONCLUSION OF LAW

The criteria for withdrawal of this appeal by the appellant have been met.  38 U.S.C. § 7105; 38 C.F.R. § 19.55.

REASONS AND BASES FOR FINDING AND CONCLUSION

The Veteran served honorably on active duty in the United States Army from July 1975 to October 1975 and from June 2007 to June 2008.

In a February 16, 2016, decision, a United States Department of Veterans Affairs (VA) Regional Office granted service connection for generalized anxiety disorder with depressive disorder, not otherwise specified (also claimed as PTSD) and assigned an initial 50 percent disability rating effective October 25, 2013.  The Veteran filed a timely notice of disagreement and subsequent appeal from that decision. While the Veteran's appeal was pending before the Board of Veterans' Appeals (Board), on February 2, 2018, a VA Regional Office, issued a rating decision granting an increased disability rating of 70 percent effective June 30, 2017. On July 18, 2018, the Board received correspondence from the Veteran, through his representative, that he wished to withdraw the entirety of his appeal from the February 16, 2016, initial disability rating decision.

A Veteran may withdraw an appeal as to any or all issues. 38 C.F.R. § 19.55(a) (effective February 19, 2019); 38 C.F.R. § 20.204(a) (effective to February 18, 2019). Written appeal withdrawals must include: (1) the name of the veteran, (2) the applicable Department of Veterans Affairs file number, and (3) a statement that the appeal is withdrawn. 38 C.F.R. § 19.55(b)(1) (effective February 19, 2019); see 38 C.F.R. § 20.204(a) (effective to February 18, 2019). Following transfer of an appeal to the Board, a withdrawal is effective when received by the Board. 38 C.F.R. § 19.55(b)(3) (effective February 19, 2019); see 38 C.F.R. § 20.204(a) (effective to February 18, 2019). "Withdrawal of an appeal will be deemed a withdrawal of the Notice of Disagreement and, if filed, the Substantive Appeal, as to all issues to which the withdrawal applies." 38 C.F.R. § 19.55(c) (effective February 19, 2019); see 38 C.F.R. § 20.204(a) (effective to February 18, 2019).

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The Veteran's Notice of Withdrawal, filed by his representative, contains his printed name, his VA file number, is dated, and states that it is his decision to withdraw his appeal from the February 16, 2016, decision in its entirety. The Board is satisfied that the Veteran has properly withdrawn his appeal in its entirety. See Hembree v. Wilkie, 33 Vet. App. 1 (2020).

Accordingly, the appeal for an increased initial disability rating in excess of 50 percent from October 25, 2013, and in excess of 70 percent from June 30, 2017, for service-connected generalized anxiety disorder with depressive disorder, not otherwise specified (also claimed as PTSD) is deemed withdrawn and is dismissed.

 

 

M. Tenner

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	J. F. Sawka, Associate 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.