Citation Nr: 21042657
Decision Date: 07/13/21	Archive Date: 07/13/21

DOCKET NO. 16-43 513
DATE: July 13, 2021

ORDER

The appeal for entitlement to an effective date earlier than June 21, 2012, for the award of service connection for depressive disorder, NOS (not otherwise specified) with alcohol abuse, is dismissed.  

The appeal for entitlement to an initial disability rating in excess of 50 percent for depressive disorder, NOS with alcohol abuse, is dismissed.  

The appeal for entitlement to service connection for a left knee disability is dismissed.  

The appeal for entitlement to service connection for a neck disability is dismissed.  

The appeal for entitlement to service connection for a back disability is dismissed.  

The appeal for entitlement to a total disability rating based on individual unemployability (TDIU) is dismissed.  

FINDING OF FACT

On August 8, 2019, prior to the promulgation of a decision in the appeal, the Board of Veterans' Appeals (Board) received notification from the Veteran, through his authorized representative, which indicated that a withdrawal of the issues on appeal is requested.  

CONCLUSION OF LAW

The criteria for withdrawal of an appeal by the Veteran and his authorized representative have been met.  38 U.S.C. § 7105; 38 C.F.R. § 19.55.  

REASONS AND BASES FOR FINDING AND CONCLUSION

Preliminary Matters

The Veteran had honorable active duty service with the United States Navy from May 2000 to May 2004 and from August 2010 to December 2010.  He also had honorable active duty service with the United States Army from August 2011 to October 2011.  

This matter is before the Board on appeal from February 2014 and March 2014 rating decisions of a Department of Veterans Affairs (VA) Regional Office (RO).  

The Board notes that in his August 2016 substantive appeal, the Veteran requested a hearing.  Accordingly, the Veteran was scheduled for a Board hearing in     August 2019.  In August 2019, however, the RO received correspondence from the Veteran's representative indicating that the Veteran wished to withdraw both his Board hearing request and his pending appeal.  As such, the hearing request is deemed withdrawn.  

DISMISSAL

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  An appeal may be withdrawn as to any or all issues involved in the appeal at any time before the Board promulgates a decision.  38 C.F.R. § 19.55.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 appellant or by his or her authorized representative.  38 C.F.R. § 19.55.  In the present case, by way of an August 2019 correspondence, the Veteran, through his representative, withdrew 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.

 

 

B. MULLINS

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	Y. MacDonald, 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.