Citation Nr: A21020331
Decision Date: 12/21/21	Archive Date: 12/21/21

DOCKET NO. 210819-181286
DATE: December 21, 2021

ORDER

Entitlement to service connection for an acquired psychiatric disorder, to include whether new and relevant evidence been submitted to readjudicate the claim is dismissed.

Entitlement to a total disability rating based on individual unemployability (TDIU) due to service-connected disabilities is dismissed.

FINDING OF FACT

In September 2021, prior to the promulgation of a decision in the appeal, the Board received notification from the Veteran that a withdrawal of this appeal is requested.

CONCLUSION OF LAW

The criteria for withdrawal of an appeal by the appellant have been met.  38 U.S.C. § 7105; 38 C.F.R. § 20.205.

REASONS AND BASES FOR FINDING AND CONCLUSION

The Veteran had active service from March 2009 to August 2009.  The rating decisions on appeal were issued in May 2021 and July 2021 and constitute initial decisions; therefore, the modernized review system, also known as the Appeals Modernization Act (AMA), applies.  

In the August 2021 VA Form 10182, Decision Review Request: Board Appeal, the Veteran elected the Hearing docket.  In September 2021, he submitted a statement that he wished to withdraw his Board appeal and proceed with Higher-Level Review (HLR) instead.  

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  An appeal may be withdrawn as to any or all issues involved in the appeal at any time before the Board promulgates a decision.  38 C.F.R. § 20.205.  Withdrawal may be made by the appellant or by his or her authorized representative.  38 C.F.R. § 20.205.  In the present case, the Veteran has withdrawn this appeal and, hence, there remain no allegations of errors of fact or law for appellate consideration.

In any event, in a November 2021 HLR decision, service connection was granted for paranoid schizophrenia and a 70 percent evaluation was assigned, effective March 15, 2021.  Entitlement to TDIU was also granted effective March 15, 2021. The issues in controversy were resolved by the November 2021 HLR decision.  Thus, there is no remaining case or controversy.  

 

The appeal is dismissed.  

 

 

C. CRAWFORD

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	A. Dean, 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 This decision is not precedential and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.