Citation Nr: 21031633
Decision Date: 05/24/21	Archive Date: 05/24/21

DOCKET NO. 17-47 298
DATE: May 24, 2021

ORDER

An earlier effective date for generalized anxiety disorder (previously rated as panic disorder) is dismissed.

Service connection for cervical spine degenerative joint disease is dismissed.

FINDING OF FACT

Prior to promulgation of a decision by the Board, the Veteran withdrew his pending appeal for an earlier effective date for his service-connected psychiatric disability, and his appeal for service connection for cervical spine degenerative joint disease.

CONCLUSIONS OF LAW

1. The criteria for dismissal of the appeal for an earlier effective date for generalized anxiety disorder (previously rated as panic disorder), have been met.  38 U.S.C. § 7105; 38 C.F.R. § 19.55.

2. The criteria for dismissal of the appeal for service connection for cervical spine degenerative joint disease have been met.  38 U.S.C. § 7105; 38 C.F.R. § 19.55. 

REASONS AND BASES FOR FINDING AND CONCLUSIONS

The Veteran served on active duty in the U.S. Army from January 1984 to January 1986.  

This matter comes to the Board of Veterans' Appeals (Board) on appeal from a December 2018 rating decision issued by a VA Regional Office (RO), that, in pertinent part, granted service connection for panic disorder, claimed as anxiety (hereinafter psychiatric disability) with a rating of 30 percent effective March 29, 2013, and service connection for right lower extremity radiculopathy with a rating of 10 percent effective March 29, 2013; and denied service connection for cervical spine degenerative joint disease.  The Veteran specifically restricted his September 2017 substantive appeal (VA Form 9) to the issues of an earlier effective date for his psychiatric disability, and service connection for cervical spine degenerative joint disease.

Dismissal of Appeals

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  An appeal may be withdrawn as to any or all issues involved in the appeal at any time before the Board promulgates a decision.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

In correspondence received by VA in April 2021, the Veteran, through his attorney/representative, withdrew his pending appeals.  The Veteran's representative specifically stated:  

Please accept this letter as formal notification that the above named claimant wishes to withdraw the following issue(s):  ... 

2. Panic disorder. 

3. Degenerative joint disease, cervical spine.  

The attorney/representative also advised that the Veteran was withdrawing other issues, to include the left lower extremity radiculopathy and the degenerative arthritis of the right knee; however, these two issues are not currently within the Board's jurisdiction.

The Board finds that the Veteran's April 2021 correspondence is explicit and unambiguous; and clearly evinces the Veteran's desire to withdraw his appeal for an earlier effective date for his psychiatric disability, and his appeal for service connection for cervical spine degenerative joint disease.  The communication included the Veteran's name and his file number.  Thus, the elements for a written withdrawal have been met.

As the appeal of these issues has been withdrawn, there remains no allegation of errors of fact or law for appellate consideration.  Accordingly, the Board does not have jurisdiction to review these matters and they are dismissed.  38 U.S.C. § 7105(d); 38 C.F.R. § 19.55.  

There are no other pending claims for the Board's review.

 

 

SHEREEN M. MARCUS

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	P. Childers, 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.