Citation Nr: 21065403
Decision Date: 10/26/21	Archive Date: 10/26/21

DOCKET NO. 19-19 523
DATE: October 26, 2021

ORDER

The appeal as to the issue of whether new and material evidence has been received to reopen a previously denied claim of service connection for obsessive-compulsive disorder (OCD) is dismissed.

FINDING OF FACT

In September 2021, prior to the promulgation of a decision in the appeal, the Board received notification from the Veteran, that a withdrawal of this appeal is requested. 

CONCLUSION OF LAW

The criteria for withdrawal of an appeal by the Veteran as to the issue of entitlement to service connection for OCD have been met.  38 U.S.C. § 7105; 38 C.F.R. § 19.55.

REASONS AND BASES FOR FINDING AND CONCLUSION

The Veteran served on active duty in the United States Air Force from October 1982 to January 1987, and from December 1989 to June 1993. 

This matter is before the Board of Veterans Appeals (the Board) on appeal from April 2018 Department of Veterans Affairs (VA) Regional Office (RO) rating decision.  The rating decision confirmed and continued the previous denial of service connection for OCD.  The Veteran's Notice of Disagreement (NOD) was received in June 2018.  The Statement of the Case (SOC) was issued in May 2019, and the Veteran's VA Form 9, substantive appeal to the Board was received in July 2019. 

In September 2021, the Veteran submitted a correspondence requesting to withdraw her appeal with respect to service connection for OCD.    

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  An appeal may be withdrawn as to any or all issues involved in the appeal at any time before the Board promulgates a decision.  38 C.F.R. § 19.55.  Withdrawal may be made by the appellant or by his or her authorized representative.  38 C.F.R. § 19.55.  In the present case, the Veteran has withdrawn this appeal and, hence, there remain no allegations of errors of fact or law for appellate consideration.  Accordingly, the Board does not have jurisdiction to review the appeal and it is dismissed.

 

 

L. B. CRYAN

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	Kuksova, Kseniya

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 This decision is not precedential and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.