Citation Nr: 22015237
Decision Date: 03/16/22	Archive Date: 03/16/22

DOCKET NO. 16-62 131
DATE: March 16, 2022

ORDER

The appeal for a disability rating for an acquired psychiatric disability greater than 50 percent from December 16, 2015, to January 15, 2019, and greater than 70 percent from January 15, 2019, to present is dismissed.

FINDING OF FACT

On January 24, 2020, the Veteran requested that his appeal to the Board be withdrawn. 

CONCLUSION OF LAW

The criteria for withdrawal of the appeal for a disability rating for an acquired psychiatric disability greater than 50 percent from December 16, 2015, to January 15, 2019, and greater than 70 percent from January 15, 2019, to present have been met. 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 September 1977 to December 1978. 

This matter comes before the Board of Veterans' Appeals (Board) from a March 2016 rating decision from a Department of Veterans Affairs (VA) regional office (RO).

A disability rating for an acquired psychiatric disability greater than 50 percent from December 16, 2015, to January 15, 2019, and greater than 70 percent from January 15, 2019, to present is dismissed.

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 An appeal may be withdrawn as to any or all issues involved in the appeal at any time before the Board promulgates a decision 38 C.F.R. § 19.55.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. Id. In the present case, the appellant has withdrawn this appeal and, hence, there remain no allegations of errors of fact or law for appellate consideration. The Veteran's withdrawal was in writing. It contained the name of the Veteran, his file number, and a statement that he did not wish to appeal his claim to the Board anymore. This was a valid withdrawal. 38 C.F.R. § 19.55(b)(1).  

Accordingly, the Board does not have jurisdiction to review the appeal and it is dismissed.

 

 

Vito A. Clementi

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	S. Reed, Counsel

The Board's decision is only binding on this case. This action is not precedential and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.