Citation Nr: 21066038
Decision Date: 10/28/21	Archive Date: 10/28/21

DOCKET NO. 16-35 608
DATE: October 28, 2021

ORDER

The issue of entitlement to service connection for posttraumatic stress disorder (PTSD), to include whether new and material evidence has been received, has been withdrawn.

The issue of entitlement to service connection for major depression and bipolar disorder, to include whether new and material evidence has been received, has been withdrawn.

FINDING OF FACT

In written statements received in April 2021 and July 2021, prior to the Board promulgating a decision, the Veteran indicated his request to withdraw his pending appeal.

CONCLUSION OF LAW

The criteria for withdrawal of the issues of entitlement to service connection for PTSD and major depression/bipolar disorder, to include whether new and material evidence has been received, 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 from June 1971 to December 1971.

This appeal comes before the Board of Veterans' Appeals (Board) from an October 2015 rating decision by the VA Regional Office (RO) that, in pertinent part, denied the claims of entitlement to service connection for PTSD and major depression/bipolar disorder because it found that no new and material had been received.

On a February 2016 substantive appeal form (VA Form 9), the Veteran requested a Board hearing.  The Board scheduled the Veteran for a July 2021 hearing, but considering the Veteran's wishes in statements discussed below, requesting withdrawal of his appeal, the Board considers the hearing request to be withdrawn.  38 C.F.R. § 20.704(e).

The Board notes that, on the February 2016 VA Form 9, the Veteran perfected the appeal concerning issues of service connection for right ankle and low back disabilities.  However, the RO granted service connection for these two disabilities in an August 2017 rating decision.  Because the grant of service connection for those two disabilities represented a full grant of benefits, the right ankle and low back issues are no longer on appeal.

1. The issue of entitlement to service connection for PTSD, to include whether new and material evidence has been received, is dismissed.

2. The issue of entitlement to service connection for major depression and bipolar disorder, to include whether new and material evidence has been received, is dismissed.

An appeal may be withdrawn as to any or all issues involved in the appeal at any time before the Board promulgates a decision.  38 C.F.R. § 19.55.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.  Id.  The Board may dismiss any appeal which fails to allege specific errors of fact or law in the determination being appealed.  38 U.S.C. § 7105.

In a written statement received on April 27, 2021, the Veteran indicated that he "would like the case to be closed out at this time."  Additionally, in a written statement received on July 28, 2021, the Veteran indicated that he "would like to withdraw all of [his] appeals."  Thus, there remain no allegations of errors of fact or law for appellate consideration.  Accordingly, the Board does not have jurisdiction to review the appeal concerning the issues of entitlement to service connection for PTSD and major depression/bipolar disorder, to include whether new and material evidence has been received, and it is dismissed.

 

 

SHEREEN M. MARCUS

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	A. Santiago, 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.