Citation Nr: 21068341
Decision Date: 11/10/21	Archive Date: 11/10/21

DOCKET NO. 17-04 510
DATE: November 10, 2021

ORDER

Entitlement to an initial disability rating in excess of 70 percent for unspecified anxiety disorder is dismissed.

Entitlement to an effective date earlier than November 16, 2015 for the grant of service connection for unspecified anxiety disorder is dismissed.

FINDING OF FACT

In October 2021, prior to the promulgation of a decision in the appeal, the Board received notification from the Veteran that he desired to withdraw all issues on appeal.

CONCLUSIONS OF LAW

1.  The criteria for withdrawal of the appeal for entitlement to an initial disability rating in excess of 70 percent for unspecified anxiety disorder have been met.  38 U.S.C. § 7105 (b)(2), (d)(5); 38 C.F.R. § 20.204. 

2.  The criteria for withdrawal of the appeal for entitlement to an effective date earlier than November 16, 2015 for the grant of service connection for unspecified anxiety disorder have been met.  38 U.S.C. § 7105 (b)(2), (d)(5); 38 C.F.R. § 20.204. 

REASONS AND BASES FOR FINDING AND CONCLUSIONS

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An appeal may be withdrawn as to any or all issues involved in the appeal at any time before the Board promulgates a decision. 38 C.F.R. § 20.204.  Withdrawal may be made by the veteran or by his or her authorized representative.  38 C.F.R. § 20.204 (a).  The withdrawal must be in writing except when the appeal is withdrawn on the record at a hearing.  38 C.F.R. § 20.204 (b).

In an October 2021 correspondence, the Veteran's representative indicated the Veteran wished to withdraw all issues related to his pending appeal.  Accordingly, the Board does not have jurisdiction to review this aspect of the Veteran's appeal, and those issues must be dismissed.

 

 

T. REYNOLDS

Veterans Law Judge

Board of Veterans' Appeals

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 This decision is not precedential and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.