Citation Nr: 21075553
Decision Date: 12/20/21	Archive Date: 12/20/21

DOCKET NO. 17-36 069
DATE: December 20, 2021

ORDER

Entitlement to service connection for generalized anxiety disorder with panic disorder is dismissed.

Entitlement to service connection for a right knee disorder is dismissed.

Entitlement to service connection for a left knee disorder is dismissed.

FINDING OF FACT

In a September 2021 correspondence, prior to the promulgation of a decision in the appeal, the Veteran explicitly and unambiguously withdrew all pending issues on appeal before the Board.

CONCLUSION OF LAW

The criteria for withdrawal of an appeal by the appellant regarding entitlement to service connection for generalized anxiety disorder with panic disorder, a right knee disorder, and a left knee disorder by the appellant 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 in the United States Army from February 2003 to September 2004. 

These matters come before the Board of Veterans' Appeals (Board) on appeal from a July 2015 rating decision from the Houston, Texas Department of Veterans Affairs (VA) Regional Office (RO).  

In the June 2017 VA Form 9, the Veteran requested a hearing before a Veterans Law Judge.  In a September 2021 VA Form 21-4138, the Veteran withdrew his request for a hearing.  His request for a hearing before the Board is accordingly deemed to be effectively withdrawn.  See 38 C.F.R. § 20.704(e).

Dismissal

1. Entitlement to service connection for generalized anxiety disorder with panic disorder.

2. Entitlement to service connection for a right knee disorder.

3. Entitlement to service connection for a left knee disorder.

The Board may dismiss any appeal that 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  An appeal may be withdrawn as to any or all issues involved in the appeal at any time before the Board promulgates a decision.  38 C.F.R. § 19.55.  Withdrawals may be made by the appellant or by his or her authorized representative.  38 C.F.R. § 19.55.  

An effective withdrawal of a claim on appeal must be in writing, include the name of the veteran (or claimant or appellant if other than the veteran), the applicable Department of Veterans Affairs file number, and a statement that the appeal is withdrawn.  Hembree v. Wilkie, 33 Vet. App. 1, 5-7 (2020); 38 C.F.R. § 19.55.  If the appeal involves multiple issues, the withdrawal must specify that the appeal is withdrawn in its entirety or list the issue(s) withdrawn from the appeal.  Hembree, 33 Vet. App. 5. 

In the present case, the Veteran submitted a statement in September 2021 indicating that he desired to withdraw all of his pending appeals before the Board, which include his service connection claims for generalized anxiety disorder with panic disorder, a right knee disorder, and a left knee disorder.  See September 2021, VA Form 21- 4138.  The September 2021 statement contained the Veteran's name, claim number, and a specific indication that he wished to withdraw all pending appeals before the Board.  Id.  There remains no allegation of error of fact or law for appellate consideration with regard to the claims for service connection for generalized anxiety disorder with panic disorder, a right knee disorder, and a left knee disorder; accordingly, these issues must be dismissed.  See 38 C.F.R. § 19.55; Hembree, 33 Vet. App. 5-7.

 

 

STEVEN D. REISS

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	Straughn, Shavonne

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.