Citation Nr: 21026165
Decision Date: 04/30/21	Archive Date: 04/30/21

DOCKET NO. 16-28 251
DATE: April 30, 2021

ORDER

Entitlement to a rating in excess of 50 percent for major depressive disorder has been withdrawn and is dismissed.

FINDING OF FACT

On July 31, 2020, 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 entitlement to a rating in excess of 50 percent for major depressive 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 Navy from March 1970 to January 1976 and in the United States Army from May 1983 to June 1995.

This matter comes before the Board of Veterans’ Appeals (Board) on appeal from an April 2015 rating decision by the Department of Veterans Affairs (VA) Regional Office (RO).

In March 2019 the Board remanded the Veteran’s claim for further development.  Specifically, the March 2019 decision found that medical records were added to the Veteran’s claims file since the June 2016 statement of the case (SOC) and were not reviewed by the agency of original jurisdiction (AOJ).  The Veteran did not seek waiver of AOJ review of the new medical evidence and the matter was therefore remanded to the AOJ for review of the medical evidence added to the claims file since the June 2016 SOC.  In July 2020, the AOJ issued a supplemental statement of the case (SSOC) after reviewing the medical evidence finding a rating in excess of 50 percent for major depressive disorder is not warranted.  Therefore, the Board finds the required development has been completed and the matter is properly before the Board at this time.  See Stegall v. West, 11 Vet. App. 268 (1998); D’Aries v. Peake, 22 Vet. App. 97, 105 (2008).

It is also valuable to note that the Veteran has already been found to be totally disabled by VA and was granted entitlement to a total disability rating based on individual unemployability (TDIU), effective April 23, 2014.  In this case, the Board is only dealing with the limited outstanding issue that it must address under the law.

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  An appeal may be withdrawn as to any or all issues involved in the appeal at any time before the Board promulgates a decision.  38 C.F.R. § 19.55.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 July 31, 2020, 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 major depressive 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.