Citation Nr: 21075483
Decision Date: 12/20/21	Archive Date: 12/20/21

DOCKET NO. 14-08 357
DATE: December 20, 2021

ORDER

Entitlement to service connection for an acquired psychiatric disorder, to include depressive disorder not otherwise specified (NOS), anxiety disorder, and alcoholism is dismissed.

FINDING OF FACT

In October 2021, prior to the promulgation of a decision in the appeal, the Veteran submitted written correspondence indicating that he desired to withdraw his appeal as to the issue of entitlement to service connection for an acquired psychiatric disorder, to include depressive disorder not otherwise specified (NOS), anxiety disorder, and alcoholism.

CONCLUSION OF LAW

The criteria for withdrawal of the appeal as to the issue of entitlement to service connection for an acquired psychiatric disorder, to include depressive disorder not otherwise specified (NOS), anxiety disorder, and alcoholism have been met.  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 May 1999 to November 2003.

This matter comes before the Board of Veterans' Appeals (Board) on appeal from a December 2010 rating decision by the Department of Veterans Affairs (VA) Regional Office (RO).

These matters were previously remanded by the Board in January 2018 and January 2020 for further development.

1. Entitlement to service connection for an acquired psychiatric disorder, to include depressive disorder not otherwise specified (NOS), anxiety disorder, and alcoholism is dismissed.

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  An appeal may be withdrawn as to any or all issues involved in the appeal at any time before the Board promulgates a decision.  38 C.F.R. § 19.55.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.  Id.

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In October 2021, prior to the promulgation of a decision in the appeal, the Veteran submitted a written statement that he wished to withdraw his appeal as to the issue of entitlement to service connection for an acquired psychiatric disorder, to include depressive disorder not otherwise specified (NOS), anxiety disorder, and alcoholism.  Specifically, in email correspondence dated October 27, 2021, the Veteran stated that he was not interested in continuing with his claim for mental health.  He further stated that a lot of things have cleared up in the past few years, to include having quit drinking and making changes to his health, etc., so he "would not be doing this one."  As the Veteran has withdrawn the appeal on this issues, there remains no allegation of error of fact or law for appellate consideration.  Accordingly, the Board does not have jurisdiction to review the issue on appeal and the appeal is dismissed.

 

A. S. CARACCIOLO

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	S. Medina

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.