Citation Nr: 21067642
Decision Date: 11/04/21	Archive Date: 11/04/21

DOCKET NO. 19-12 295A
DATE: November 4, 2021

ORDER

Entitlement to a disability rating in excess of 50 percent prior to July 8, 2020, and in excess of 70 percent from July 8, 2020, for service-connected adjustment disorder with depressed mood is dismissed.

FINDING OF FACT

On September 7, 2021, prior to the promulgation of a decision in the appeal, the Board received notification from the Veteran, through her authorized representative, that a withdrawal of this appeal is requested.

CONCLUSION OF LAW

The criteria for withdrawal of an appeal by the Veteran, through her authorized representative, 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 Navy from April 1987 to March 1994.  

This appeal comes to the Board of Veterans' Appeals (Board) from a February 2015 rating decision of a Department of Veterans Affairs (VA) Regional Office (RO).

The Veteran, through her representative at the time, withdrew the issue on appeal on September 7, 2021.  The Veteran's private attorney withdrew representation at the same time of the submission of the Veteran's request to withdraw the issue on appeal.  The Board accepts the attorney's withdrawal, as there is no longer any case or controversy before the Board to be decided.  Accordingly, the Veteran is unrepresented at the time of this determination.  

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  An appeal may be withdrawn as to any or all issues involved in the appeal at any time before the Board promulgates a decision.  38 C.F.R. § 19.55.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In the present case, the Veteran, through her authorized representative, has withdrawn this appeal.  The September 2021 letter from the Veteran's attorney withdrawing this claim included the Veteran's name, her VA file number, and a clear statement that the appeal was withdrawn.

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All the criteria for a valid withdrawal have been met.  38 C.F.R. § 19.55.  There remain no allegations of errors of fact or law for appellate consideration.  Accordingly, the Board does not have jurisdiction to review the appeal; it is dismissed.

 

 

Evan M. Deichert

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	J. Crawford, 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.