Citation Nr: 21022127 Decision Date: 04/14/21 Archive Date: 04/14/21 DOCKET NO. 18-38 410 DATE: April 14, 2021 ORDER Entitlement to a rating in excess of 50 percent for persistent depressive disorder with social anxiety disorder has been withdrawn and is dismissed. FINDING OF FACT On March 29, 2021, prior to the promulgation of a decision in the appeal, the Board received notification from the Veteran that withdrawal of the appeal is requested. CONCLUSION OF LAW The criteria for withdrawal of an appeal by the appellant (or his or her authorized representative) 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 June 1972 to April 1974 and from June 1974 to October 1974. This matter comes before the Board of Veterans’ Appeals (Board) on appeal from a January 2017 rating decision by the Department of Veterans Affairs (VA) Regional Office (RO). By way of history, in September 2016, VA proposed to reduce the Veteran’s psychiatric disability rating from 100 percent to 50 percent. The January 2017 rating decision was the final action on the proposed reduction and the Veteran timely appealed. In January 2021, the Veteran filed a petition for extraordinary relief in the form of a writ of mandamus with the United States Court of Appeals for Veterans Claims (Court) seeking to compel VA to restore to 100 percent his disability rating for persistent depressive disorder and compensate him for unpaid benefits. The Secretary, in March 2021, filed a joint motion to terminate the petition asserting that the issue presented by the petition had been resolved. In March 2021, the Court issued an order for Joint Motion to Terminate the Writ (Order) rendering the issue on appeal moot. The Stipulated Agreement between the Veteran and the Secretary agreed that the Veteran’s rating for persistent depressive disorder with social anxiety disorder would be restored to 100 percent disabling, and that the Veteran would withdraw his pending claim currently on appeal before the Board. Pursuant to the instructions of the Court’s Order, the matter has returned to the Board for further appellate review. 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 An appeal may be withdrawn as to any or all issues involved in the appeal at any time before the Board promulgates a decision. 38 C.F.R. § 19.55. Withdrawal may be made by the Veteran or by his or her authorized representative. 38 C.F.R. § 19.55. On March 29, 2021, prior to the promulgation of a decision in the appeal, the Veteran requested a withdrawal of his claim for entitlement to a rating in excess of 50 percent for persistent depressive disorder with social anxiety disorder. The withdrawal request has been documented in the Veteran’s claims file. The Board concludes that the Veteran has withdrawn his appeal and, hence, 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. John J. Crowley Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board Christopher M. Davidson 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.