Citation Nr: 21029262
Decision Date: 05/13/21	Archive Date: 05/13/21

DOCKET NO. 16-39 899
DATE: May 13, 2021

ORDER

The issue of entitlement to service connection for an acquired psychiatric disorder, to include a generalized anxiety disorder and a major depressive disorder, is dismissed.

FINDING OF FACT

In a December 2019 correspondence, the Veteran requested to withdraw this appeal from appellate review. 

CONCLUSION OF LAW

The criteria for withdrawal of the issue of entitlement to service connection for an acquired psychiatric disorder, to include a generalized anxiety disorder and a major depressive disorder, have been met.  38 U.S.C. § 7105; 38 C.F.R. § 20.205. 

REASONS AND BASES FOR FINDING AND CONCLUSION

The Veteran served on active duty from December 1990 to June 1991, from January 2003 to January 2005, and from October 2009 to July 2013. 

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. Except for appeals withdrawn on the record at the time of a hearing, appeal withdrawals must be in writing. 38 C.F.R. § 20.205. An appeal may be withdrawn as to any or all issues involved in the appeal at any time before the Board promulgates a decision. Id. Withdrawal may be made by the appellant or by his or her authorized representative. Id.

In a December 2019 correspondence, the Veteran requested that the hearing scheduled for March 2020 be cancelled. Also, he requested that his appeal be terminated. As such, the Board finds that the Veteran has explicitly, unambiguously, and knowingly withdrawn the issue pending on appeal. There remains no allegation of errors of fact or law for appellate consideration. Accordingly, the Board does not have jurisdiction to review the Veteran's appeal, and it is dismissed. 

 

 

THERESA M. CATINO

Veterans Law Judge

Board of Veterans' Appeals

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 This decision is not precedential and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.