Citation Nr: 21065763
Decision Date: 10/27/21	Archive Date: 10/27/21

DOCKET NO. 19-05 830A
DATE:  October 27, 2021

ORDER

The appeal is dismissed.

FINDINGS OF FACT

1.  In July 2021, the Veteran was issued supplemental statements of the case continuing the denials of entitlement to service connection for depression and myopia. 

2. In August 2021, prior to the promulgation of a decision in the appeal, the Board received notification from the appellant that a withdrawal of all issues addressed in supplemental statements of the case. 

CONCLUSIONS OF LAW

1. The criteria for withdrawal of an appeal for entitlement to service connection for myopia by the appellant have been met. 38 U.S.C. § 7105 (2018); 38 C.F.R. § 19.55 (2020).

2. The criteria for withdrawal of an appeal for entitlement to service connection for depression by the appellant have been met. 38 U.S.C. § 7105 (2018); 38 C.F.R. § 19.55 (2020).

REASONS AND BASES FOR FINDINGS AND CONCLUSIONS

The Veteran had active military service from November 1951 to November 1953.

This case originally comes before the Board of Veterans' Appeals (Board) on appeal of a March 2016 rating decision issued by a Regional Office (RO) of the Department of Veterans Affairs (VA).

This case was previously before the Board in December 2020 for depression and January 2021 for myopia, at which time the issues currently on appeal were remanded for additional development. This case has been returned to the Board for further appellate action.

The Board notes that the issue of entitlement to service connection for a skin condition, to include vitiligo was also remanded by the Board for additional development in December 2020. A review of the record shows that in a July 2021 rating decision, the Veteran was granted entitlement to service connection for vitiligo. There is no indication from the record that the Veteran has disagreed with the rating or effective date assigned in that decision. As such, that decision constitutes a full grant of the benefit sought on appeal, and the Board has limited its consideration accordingly.

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 An appeal may be withdrawn as to any or all issues involved in the appeal at any time before the Board promulgates a decision. 38 C.F.R. § 19.55.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. 

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In the present case, the appellant has withdrawn the appeal of the issues of entitlement to service connection for myopia and depression. Therefore, there remain no allegations of errors of fact or law for appellate consideration regarding those issues. Accordingly, the Board does not have jurisdiction to review the appeal of the issues, and they are dismissed.

 

 

Kristin Haddock

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	C. Ivan Franklin

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.