Citation Nr: 21026655
Decision Date: 05/03/21	Archive Date: 05/03/21

DOCKET NO. 17-17 860
DATE: May 3, 2021

ORDER

The appeal seeking an initial compensable rating for the period prior to January 23, 2017 and a rating in excess of 30 percent for the period thereafter for unspecified anxiety disorder is dismissed.

FINDING OF FACT

On the record at his February 2021 Board hearing, prior to promulgation of a decision in the appeal, the Veteran withdrew the appeal seeking an initial compensable rating for the period prior to January 23, 2017 and a rating in excess of 30 percent for the period thereafter for unspecified anxiety disorder.

CONCLUSION OF LAW

The criteria for withdrawal of the appeal for entitlement to an initial compensable rating for the period prior to January 23, 2017 and a rating in excess of 30 percent for the period thereafter for unspecified anxiety disorder 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 Air Force from March 1969 to January 1973.  For his meritorious service, the Veteran was awarded (among other decorations) the Vietnam Service and Campaign Medals.

This matter is before the Board of Veteran's Appeals (Board) on appeal from a January 2015 rating decision of a Department of Veterans Affairs (VA) Regional Office (RO).

A Board hearing was held before the undersigned in February 2021. A transcript of the hearing is of record. 

Entitlement to an initial compensable rating for the period prior to January 23, 2017 and a rating in excess of 30 percent for the period thereafter for unspecified anxiety disorder 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 An appeal may be withdrawn as to any or all issues involved in the appeal at any time before the Board promulgates a decision. 38 C.F.R. § 19.55.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 Veteran or by his authorized representative. Except for appeals withdrawn on the record at hearings, the withdrawal must be in writing. 38 C.F.R. § 19.55. 

On the record at his February 2021 Board hearing, prior to promulgation of a decision in the appeal, the Veteran provided sworn testimony that he wanted to withdraw the appeal seeking entitlement to an initial compensable rating for the period prior to January 23, 2017 and a rating in excess of 30 percent for the period thereafter for unspecified anxiety disorder. 

The undersigned advised the Veteran of the consequences of withdrawing this appeal. The Veteran and his representative participated in a meaningful manner in the hearing and they were aware of the consequences of withdrawal of the claim at the time of the hearing. The Board finds that the Veteran's withdrawal was explicit, unambiguous, and done with a full understanding of the consequences of such action. Given these circumstances, the Board finds that the Veteran met the requirements necessary for an effective oral withdrawal of this appeal. Acree v. O'Rourke, 891 F.3d 1009 (Fed. Cir. 2018). 

As the Veteran has withdrawn the appeal of the issue in accordance with 38 C.F.R. § 19.55, there remains no allegation of error of fact or law for the Board to address. Accordingly, the Board does not have jurisdiction to review the appeal and it must be dismissed.

 

 

Evan M. Deichert

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	S. Jiggetts

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.