Citation Nr: 21074162
Decision Date: 12/14/21	Archive Date: 12/14/21

DOCKET NO. 19-07 189
DATE: December 14, 2021

ORDER

The appeal seeking entitlement to service connection for a mental health condition is dismissed.

The appeal seeking entitlement to a total disability rating based on individual unemployability (TDIU) is dismissed.

The appeal seeking entitlement to dependency compensation is dismissed.

FINDING OF FACT

In November 2021, prior to the promulgation of a decision in the appeal, the Board received a VA Form 21-4138, Statement in Support of Claim, in which the Veteran requested withdrawal of the issues on appeal. 

CONCLUSIONS OF LAW

1. The criteria for withdrawal of the appeal seeking entitlement to service connection for a mental health condition are met. 38 U.S.C. § 7105; 38 C.F.R. § 19.55.

2. The criteria for withdrawal of the appeal seeking entitlement to a total disability rating based on individual unemployability (TDIU) are met. 38 U.S.C. § 7105; 38 C.F.R. § 19.55.

3. The criteria for withdrawal of the appeal seeking entitlement to dependency compensation are met. 38 U.S.C. § 7105; 38 C.F.R. § 19.55.

REASONS AND BASES FOR FINDING AND CONCLUSIONS

The Veteran served on active duty from October 1974 to November 1974.

This matter is on appeal from April 2010, April 2016, and September 2017 decisions of a Department of Veterans Affairs (VA) Regional Office (RO).

The matter of entitlement to service connection for an acquired psychiatric disorder was previously before the Board in September 2017 when the claim was denied. The Veteran appealed the September 2017 decision to the United States Court of Appeals for Veterans Claims (Court). In June 2019, the Court vacated the Board's denial of entitlement to service connection and remanded the matter for readjudication. In December 2020, the Board remanded the issue of entitlement to service connection for an acquired psychiatric disorder for further development. 

In November 2021, VA received a letter in which the Veteran requested withdrawal of all issues on appeal. An appeal may be withdrawn as to any or all issues involved in the appeal at any time before the Board promulgates a decision. 38 C.F.R. § 19.55.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 Veteran or by an authorized representative. Except for appeals withdrawn on the record at hearings, the withdrawal must be in writing. 38 C.F.R. § 19.55. 

 

As the Veteran has withdrawn the appeals of these issues in accordance with 38 C.F.R. § 19.55, there remains no allegation of error of fact or law for the Board to address. Accordingly, the Board does not have jurisdiction to review the appeals, and they are dismissed.

 

M. SORISIO

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	M. H. White, 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.