Citation Nr: 21075138 Decision Date: 12/17/21 Archive Date: 12/17/21 DOCKET NO. 17-51 723 DATE: December 17, 2021 ORDER Entitlement to a rating in excess of 30 percent as of June 1, 2015, and prior to October 24, 2017, for an acquired psychiatric disability, to include anxiety and depression, is dismissed. Entitlement to a rating in excess of 50 percent as of October 24, 2017, and prior to August 24, 2021, for an acquired psychiatric disability, to include anxiety and depression, is dismissed. Entitlement to a rating in excess of 70 percent as of August 24, 2021, for an acquired psychiatric disability, to include anxiety and depression, is dismissed. Entitlement to a rating in excess of 10 percent for psoriasis is dismissed. FINDING OF FACT On November 16, 2021, prior to the promulgation of a decision in the appeal, VA received notification from the Veteran that a withdrawal of his appeals for increased ratings for an acquired psychiatric disability and psoriasis is requested. CONCLUSION OF LAW The criteria for withdrawal of an appeal by the Veteran are met as to the claims of entitlement to an increased rating for an acquired psychiatric disability and entitlement to an increased rating for psoriasis. 38 U.S.C. § 7105; 38 C.F.R. § 19.55. REASONS AND BASES FOR FINDING AND CONCLUSION The Veteran served on active duty from September 1989 to May 2015. This matter comes before the Board of Veterans' Appeals (Board) on appeal from November 2015 and September 2018 rating decisions of the Department of Veterans Affairs (VA) Regional Office (RO). This case was previously before the Board in June 2021, at which time the Board remanded the matters for further development. As the requested development is now moot, no further action to ensure compliance with the remand directives is required. Subsequently, an October 2021 rating decision granted increased staged ratings of 50 percent, effective of October 24, 2017, and 70 percent, effective August 24, 2021, for an acquired psychiatric disability. 10/06/2021, Rating Decision. Withdrawal 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 An appeal may be withdrawn as to any or all issues involved in the appeal at any time before the Board promulgates a decision. 38 C.F.R. § 19.55 (2021). Withdrawal may be made by the appellant or by his or her authorized representative. 38 C.F.R. § 19.55. 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. 1. The appeal for entitlement to a rating in excess of 30 percent as of June 1, 2015, and prior to October 24, 2017, for an acquired psychiatric disability, to include anxiety and depression, is dismissed. 2. The appeal for entitlement to a rating in excess of 50 percent as of October 24, 2017, and prior to August 24, 2021, for an acquired psychiatric disability, to include anxiety and depression, is dismissed. 3. The appeal for entitlement to a rating in excess of 70 percent as of August 24, 2021, for an acquired psychiatric disability, to include anxiety and depression, is dismissed. 4. The appeal for entitlement to a rating in excess of 10 percent for psoriasis is dismissed. In a November 2021 communication, the Veteran stated that he desired to formally withdraw his appeal. Specifically, the Veteran stated that he is satisfied with the October 2021 decisions on his claims for increased rating for psoriasis and an acquired psychiatric disability. 11/16/2021, Email Correspondence. Prior to the request to withdraw the appeal, the RO assigned a combined rating of 100 percent based on the Veteran's service-connected disabilities. 10/06/2021, Rating Decision. This statement meets the requirements of 38 C.F.R. § 19.55(b) as it included the name of the Veteran, his VA file number, and claims to be withdrawn. See Hembree v. Wilkie, 33 Vet. App. 1, 6-7 (2020) (holding that, unlike an oral withdraw at a hearing, a written withdrawal request does not require full understanding of the consequences of such action on the part of the claimant, but needs to comply with the applicable regulation). (Continued on the next page) In the present case, the Veteran has withdrawn his appeal for the claims of entitlement to increased ratings for an acquired psychiatric disability and psoriasis. As such, the Board finds that there remains no allegations of errors of fact or law for appellate consideration. Accordingly, the Board does not have jurisdiction to review the acquired psychiatric disability and psoriasis issues and they are dismissed. Paul Sorisio Veterans Law Judge Board of Veterans' Appeals Attorney for the Board David Han 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.