Citation Nr: 22008917
Decision Date: 02/16/22	Archive Date: 02/16/22

DOCKET NO. 18-36 985
DATE: February 16, 2022

ORDER

Entitlement to service connection for posttraumatic stress disorder (PTSD) 

is dismissed.

Entitlement to an increased initial evaluation for major depressive disorder with anxious distress (also claimed as nervous disorder with anxiety) is dismissed.

Entitlement to an earlier effective date for service connection of major depressive disorder with anxious distress (also claimed as nervous disorder with anxiety) is dismissed.

FINDING OF FACT

On December 10, 2021, prior to the promulgation of a decision in the appeal, 

the Board received written notification from the appellant that a withdrawal of this appeal is requested.

CONCLUSIONS OF LAW

1. The criteria for withdrawal the issue of service connection for PTSD are met.  38 U.S.C. § 7105; 38 C.F.R. § 19.55.

2. The criteria for withdrawal of the issue of an initial evaluation for major depressive disorder with anxious distress (claimed as nervous disorder with anxiety) by the appellant are met.  38 U.S.C. § 7105; 38 C.F.R. § 19.55.

3. The criteria for withdrawal of the issue of an earlier effective date for major depressive disorder with anxious stress (claimed as nervous disorder with anxiety) by the appellant are 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 United States Army from January 1968 to September 1969.

Service Connection

1. Entitlement to service connection for PTSD has been withdrawn.

2. Entitlement to an increased initial evaluation for major depressive disorder with anxious distress (also claimed as nervous disorder with anxiety) has been withdrawn.

3. Entitlement to an earlier effective date for service connection of major depressive disorder with anxious distress (also claimed as nervous disorder with anxiety) has been withdrawn.

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  An appeal may be withdrawn as to any or all issues involved in the appeal at any time before the Board promulgates a decision.  38 C.F.R. § 38 C.F.R. § 19.55.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.  In the present case, the appellant has withdrawn his appeal and, hence, there remain no allegations of errors of fact or law for appellate consideration.  Indeed, the December 2021 written statement included the Veteran's name, his VA file number, and a statement to withdraw the appeal and added that he "wish[ed] to remove my appeal from the Board." 12/10/2021 VA 21-4138; 38 C.F.R. § 19.55(b). Accordingly, the Board does not have jurisdiction to review the appeal and it is dismissed. 

 

 

Paul Sorisio

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	J. Hermsdorfer, 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.