Citation Nr: 21068346
Decision Date: 11/10/21	Archive Date: 11/10/21

DOCKET NO. 19-16 207
DATE: November 10, 2021

ORDER

Entitlement to an initial disability in excess of 50 percent for major depression, recurrent, with history of posttraumatic stress disorder (PTSD) has been withdrawn and is dismissed.

FINDING OF FACT

In October 2021, prior to a previously scheduled hearing before the Board of Veterans' Appeals (Board) and before the promulgation of a decision in the appeal, the Board received written notification from the Veteran's then-representative that the Veteran wished to withdraw his pending appeal and that he understood the consequences of this action.

CONCLUSION OF LAW

The criteria for withdrawal of the claim of entitlement to an initial disability in excess of 50 percent for major depression, recurrent, with history of PTSD, have been 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  An appeal may be withdrawn as to any or all issues involved in the appeal at any time before the Board promulgates a decision.  38 C.F.R. § 19.55.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 October 2021, prior to a previously scheduled hearing before the Board of Veterans' Appeals (Board) and before the promulgation of a decision in the appeal, the Board received written notification from the Veteran's then-representative that the Veteran wished to withdraw his "pending appeals."  Specifically, the then-representative wrote, "After speaking with [the Veteran], he has relayed his desire[] to withdraw his pending appeals.  [The Veteran] understands the consequences associated with this action.  Please update your records accordingly."  

While the representative did not identify the specific appeal being withdrawn, the Board finds that the withdrawal is still effective, as the above issue listed in the Order is the only appeal pending at this time.  As such, the Veteran has properly withdrawn his appeal and, hence, there remain no allegations of errors of fact or law for appellate consideration.  Accordingly, the Board does not have jurisdiction to review the matter listed in the Order, and it is dismissed.

 

 

A. P. SIMPSON

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	D. Chad Johnson, 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.