Citation Nr: 21068225 Decision Date: 11/09/21 Archive Date: 11/09/21 DOCKET NO. 15-20 578 DATE: November 9, 2021 ORDER Entitlement to a rating in excess of 10 percent prior to May 30, 2017, and in excess of 50 percent thereafter for unspecified anxiety disorder is dismissed. FINDING OF FACT In a signed December 2019 letter, the Veteran's representative requested to withdraw the Veteran's claim of entitlement to a rating in excess of 10 percent prior to May 30, 2017, and in excess of 50 percent thereafter for unspecified anxiety disorder. The form included the Veteran's name and VA file number. CONCLUSION OF LAW The criteria for a withdrawal of the Veteran's substantive appeal have been met as to his claim of entitlement to a rating in excess of 10 percent prior to May 30, 2017, and in excess of 50 percent thereafter for unspecified anxiety disorder. 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 October 1968 to September 1971. This matter comes before the Board of Veterans' Appeals (Board) on appeal from a February 2014 rating decision by a Department of Veterans Affairs (VA) Regional Office (RO). In May 2017, the Veteran testified at a Board hearing before a Veterans Law Judge (VLJ) who is no longer employed with the Board. A copy of the transcript of that hearing has been associated with the claims file. The Veteran was subsequently scheduled for a hearing in November 2021, but in December 2019, he submitted a statement withdrawing the appeal that would have been the subject of the hearing. See September 2021 Hearing Related; December 2019 Third Party Correspondence. Accordingly, the Veteran's hearing request is deemed withdrawn. 38 C.F.R. § 20.704(e). By way of background, the Veteran's claim for entitlement to an evaluation in excess of 10 percent for an anxiety disorder was initially before the Board in November 2017, when it was remanded for further development. See November 2017 BVA Decision. During the pendency of the appeal, a December 2019 rating decision granted an increased 50 percent rating for unspecified anxiety disorder, effective May 30, 2017. See December 2019 Rating Decision Narrative. Entitlement to a rating in excess of 10 percent prior to May 30, 2017, and in excess of 50 percent thereafter for unspecified anxiety disorder is dismissed. 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. Except for appeals withdrawn on the record at a hearing, appeal withdrawals must be in writing and meet certain requirements set forth by regulation. They must include the name of the Veteran, the applicable file number, and a statement that the appeal is being withdrawn. 38 C.F.R. § 19.55(b)(1). Here, the Veteran filed his claim for entitlement to a rating in excess of 10 percent for unspecified anxiety disorder in May 2013. See May 2013 VA Form 21-526EZ, Fully Developed Claim (Compensation). In a February 2014 rating decision, the RO confirmed and continued the 10 percent rating assigned for the Veteran's anxiety disorder, and the Veteran subsequently perfected his appeal of that rating decision in his June 2015 substantive appeal. See February 2014 Rating Decision Narrative; June 2015 VA Form 9. Thereafter, as noted above, a December 2019 rating decision granted an increased 50 percent rating for unspecified anxiety disorder, effective May 30, 2017. See December 2019 Rating Decision Narrative. In a signed December 2019 letter, the Veteran's representative stated that the Veteran was satisfied with the 50 percent disability rating and effective date of May 30, 2017 assigned for his service-connected unspecified anxiety disorder and requested to withdraw his appeal. The form included the Veteran's name and VA file number. See December 2019 Third Party Correspondence. Accordingly, the Board finds that the Veteran's request to withdraw his claim of entitlement to a rating in excess of 10 percent prior to May 30, 2017, and in excess of 50 percent thereafter for unspecified anxiety disorder, qualifies as a valid withdrawal. See 38 C.F.R. § 19.55. Accordingly, there remain no allegations of error of fact or law for appellate consideration. Thus, the Board does not have jurisdiction to review the Veteran's claim, and it is therefore dismissed. 38 U.S.C. § 7105; 38 C.F.R. § 19.55. S. HENEKS Veterans Law Judge Board of Veterans' Appeals Attorney for the Board K. Justis, 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.