Citation Nr: 21030908
Decision Date: 05/20/21	Archive Date: 05/20/21

DOCKET NO. 20-08 960
DATE: May 20, 2021

ORDER

Entitlement to service connection for reduced cognitive function is dismissed.

Entitlement to service connection for sleep apnea claimed as sleep disturbance is dismissed.

Entitlement to service connection for a skin disorder (other than eczematous dermatitis), to include tinea versicolor, tinea pedis, stasis dermatitis, and seborrheic dermatitis, is dismissed.

Entitlement to a disability rating in excess of 50 percent for major depressive disorder with anxiety disorder not otherwise specified (NOS), is dismissed. 

FINDING OF FACT

In an October 2020 statement that contains the Veteran's name and claim number, he clearly expressed his wish to withdraw his claims for entitlement to service connection for reduced cognitive function; entitlement to service connection for sleep apnea claimed as sleep disturbance; entitlement to service connection for a skin disorder (other than eczematous dermatitis), to include tinea versicolor, tinea pedis, stasis dermatitis, and seborrheic dermatitis; and entitlement to a disability rating in excess of 50 percent for major depressive disorder with anxiety disorder NOS.

CONCLUSION OF LAW

The criteria for withdrawal of an appeal have been met with respect to the claims of entitlement to service connection for reduced cognitive function; entitlement to service connection for sleep apnea claimed as sleep disturbance; entitlement to service connection for a skin disorder (other than eczematous dermatitis), to include tinea versicolor, tinea pedis, stasis dermatitis, and seborrheic dermatitis; and entitlement to a disability rating in excess of 50 percent for major depressive disorder with anxiety disorder NOS.  38 U.S.C. § 7105; 38 C.F.R. § 19.55. 

REASONS AND BASES FOR FINDING AND CONCLUSION

The Veteran served on active duty from February 1988 to May 1988 and from January 2004 to June 2006.

This matter comes before the Board of Veterans' Appeals (Board) on appeal from a January 2017 rating decision of the Department of Veterans Affairs (VA) Regional Office (RO).  

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  An appeal may be withdrawn as to any or all issues involved in the appeal at any time before the Board promulgates a decision.  38 C.F.R. 38 C.F.R. § 19.55.  Withdrawal may be made by the appellant or by his or her authorized representative.  Id.  

An October 2020 written statement which contains the Veteran's name and claim number, states "I am completely satisfied with my most recent disability claim decision. I would like to withdraw my pending appeal...Please close my appeal and provide confirmation of closure." See Third Party Correspondence. The Board finds that this statement clearly expresses his wish to withdraw his appeal of the issues currently on appeal before the Board, as listed above. The Veteran's withdrawal was received prior to a decision by the Board on this issue. 

Accordingly, the criteria for withdrawal of an appeal are satisfied. The claims of entitlement to service connection for reduced cognitive function; entitlement to service connection for sleep apnea claimed as sleep disturbance; entitlement to service connection for a skin disorder (other than eczematous dermatitis), to include tinea versicolor, tinea pedis, stasis dermatitis, and seborrheic dermatitis; and entitlement to a disability rating in excess of 50 percent for major depressive disorder with anxiety disorder NOS, are dismissed.

 

 

P.M. DILORENZO

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	T. Mohammad

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.