Citation Nr: 21040430
Decision Date: 07/03/21	Archive Date: 07/03/21

DOCKET NO. 14-34 393A
DATE: July 3, 2021

ORDER

A rating in excess of 50 percent for major depressive disorder, NOS, and generalized anxiety disorder associated with TBI, prior to July 28, 2020 and a rating in excess of 70 percent, thereafter, is dismissed.

A total disability rating due to individual unemployability (TDIU), prior to November 14, 2016, is dismissed.

FINDINGS OF FACT

In June 2021, the Veteran, through his representative, withdrew all claims on appeal before the Board of Veterans' Appeals (Board).  

CONCLUSIONS OF LAW

The criteria for withdrawal have been met. 38 U.S.C. § 7105; § 19.55.

REASONS AND BASES FOR FINDINGS AND CONCLUSIONS

The Veteran served on active duty from May 1976 to December 1976.  

This appeal was previously before the Board in April 2018 and most recently in April 2021.  The April 2021 Board decision remanded the increased rating claim for major depressive disorder and an earlier effective date for a TDIU so that a supplemental statement of the case could be issued.  

However, in June 2021, VA received correspondence from the Veteran's representative seeking to withdraw his claims on appeal (the representative also withdrew representation of the Veteran).  A June 4, 2021 correspondence stated that the Veteran was withdrawing his increased rating claim for major depressive disorder, and a June 9, 2021 correspondence stated that he wished to withdraw all claims for disability compensation currently before the Board.  

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  An appeal may be withdrawn as to any or all issues involved in the appeal at any time before the Board promulgates a decision. § 19.55.  Withdrawal may be made by the Veteran or by his authorized representative.  § 19.55.

Here, the Veteran has withdrawn this appeal and, hence, there remain no allegations of errors of fact or law for appellate consideration.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.

 

 

MATTHEW W. BLACKWELDER

Veterans Law Judge

Board of Veterans' Appeals

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 This decision is not precedential and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.