Citation Nr: 21074339
Decision Date: 12/15/21	Archive Date: 12/14/21

DOCKET NO. 18-25 826
DATE: December 15, 2021

ORDER

The claim of whether new and material evidence has been submitted to reopen the claim for service connection for any acquired psychiatric disorder (claimed as posttraumatic stress disorder (PTSD), loss of sleep, anxiety, overeating, anger, alcohol abuse) is dismissed

The claim of whether new and material evidence has been submitted to reopen the claim for service connection for diabetes mellitus, type II, to include as a result of herbicide exposure, is dismissed.

The claim of whether new and material evidence has been submitted to reopen the claim for service connection for tinnitus is dismissed.

FINDING OF FACT

At a September 2021 Board hearing before the undersigned Veterans Law Judge (VLJ), the Veteran expressed the desire to withdraw the current appeal.

CONCLUSION OF LAW

The criteria for withdrawal of the appeal by the Veteran have been met.  38 U.S.C. § 7105; 38 C.F.R. § 19.55.

REASONS AND BASES FOR FINDINGS AND CONCLUSIONS

The Veteran served on active duty from February 1966 to February 1968.

This matter comes before the Board of Veterans' Appeals (Board) on appeal from a rating decision of the Department of Veterans Affairs (VA) Regional Office (RO). 

The Veteran testified at a Board hearing in September 2021 before the undersigned VLJ.  A copy of the transcript is of record and has been reviewed accordingly.

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  An appeal may be withdrawn as to any or all issues involved in the appeal at any time before the Board promulgates a decision. 3 8 C.F.R. § 20.204.  Withdrawal may be made by the appellant or authorized representative.  38 C.F.R. § 20.204.

As the Veteran has expressed the desire to withdraw his current appeal and refile at a later date, there remain no allegations of errors of fact or law for appellate consideration. Accordingly, the Board does not have jurisdiction to review the appeal and it is dismissed.

 

 

MICHAEL E. KILCOYNE

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	Dodd, Ryan

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 This decision is not precedential and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.