Citation Nr: 21067059
Decision Date: 11/03/21	Archive Date: 11/03/21

DOCKET NO. 15-00 434A
DATE: November 3, 2021

ORDER

The appeal regarding entitlement to service connection for depression is dismissed.

FINDING OF FACT

On October 5, 2021, prior to the promulgation of a decision in the appeal, the Board received notification from the Veteran's attorney that the Veteran wished to withdraw his appeal as to the issue of entitlement to service connection for depression.

CONCLUSION OF LAW

The criteria for withdrawal by the Veteran of the issue of entitlement to service connection for depression are met.  38 U.S.C. § 7105; 38 C.F.R. § 19.55.

REASONS AND BASES FOR FINDING AND CONCLUSION

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  An appeal may be withdrawn as to any or all issues involved in the appeal at any time before the Board promulgates a decision.  38 C.F.R. § 19.55.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 a written statement received on October 5, 2021, the Veteran's attorney stated that Veteran "hereby withdraws his claim of entitlement to service connection for depression.  This claim was most recently adjudicated in an April 2021 Supplemental Statement of the Case."  See October 5, 2021 attorney withdrawal communication.  Hence, there remain no allegations of error of fact or law for appellate consideration.  Accordingly, the appeal is dismissed.

 

 

DONNIE R. HACHEY

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	Katie Poe, 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 This decision is not precedential and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.