Citation Nr: 21069133
Decision Date: 11/17/21	Archive Date: 11/17/21

DOCKET NO. 15-21 449
DATE: November 17, 2021

ORDER

Entitlement to service connection for a low back condition is dismissed.

Entitlement to service connection for an acquired psychiatric disorder, to include depression and anxiety disorder, is dismissed.

FINDING OF FACT

On a September 2021 Appeals Satisfaction Notice, received prior to promulgation of a decision in the matters, the Appellant indicated that she wished to withdraw the issues of entitlement to service connection for a low back condition and an acquired psychiatric disorder, to include depression and anxiety disorder; there is no question of fact or law in these matters remaining for the Board to consider. 

CONCLUSION OF LAW

The criteria for withdrawal of an appeal for the issues of entitlement to service connection for a low back condition and an acquired psychiatric disorder, to include depression and anxiety disorder, have been met. 38 U.S.C. § 7105 (2012); 38 C.F.R. § 19.55 (2021). 

REASONS AND BASES FOR FINDING AND CONCLUSION

The Veteran served on active duty from January 1960 to March 1963. He died in April 2014. The appellant is the Veteran's surviving spouse, and she was granted substitution status in March 2015.  

These matters are on appeal from an April 2013 rating decision of a Department of Veterans Affairs (VA) Regional Office (RO).

A Board hearing was held before the undersigned in November 2018. A transcript of the hearing is of record.

These matters were previously before the Board in September 2019 and September 2020 when they were remanded for further development. 

1. Low Back Condition

2. Acquired Psychiatric Disorder 

The Board has jurisdiction in any matter which under 38 U.S.C. § 511(a) is subject to a decision by the Secretary. 38 U.S.C. § 7104. 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 An appeal may be withdrawn as to any or all issues involved in the appeal at any time before the Board promulgates a decision. 38 C.F.R. § 19.55.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 her authorized representative and must be in writing or on the record at a hearing. 38 C.F.R. § 19.55.

On a September 2021 Appeals Satisfaction notice, the Appellant indicated that she wished to withdraw the issues on appeal. (The Board acknowledges that the Appeals Satisfaction Notice indicates that the Appellant received a decision to grant one or more of the issues on appeal and that no such decision was issued. However, the Appeals Satisfaction Notice also clearly informs the Appellant that she should only return the document if she no longer wished to pursue the claims listed on the Supplemental Statement of the Case and states that by submitting the form, she is asking to withdraw all remaining issues in the Supplemental Statement of the Case and that no further development actions will be taken. Thus, despite the conflict on the form which indicates claims had been granted, the Board finds the Appellant's submission of the Appeals Satisfaction Notice indicates a wish to withdraw the claims.) In light of this, there remains no allegations of errors in fact or law for appellate consideration regarding these issues. Accordingly, the Board does not have jurisdiction to consider an appeal in these matters, and the appeal in these matters must be dismissed.

 

 

M. SORISIO

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	S. Jiggetts

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.