Citation Nr: 22054832
Decision Date: 09/26/22	Archive Date: 09/26/22

DOCKET NO. 17-04 775
DATE: September 26, 2022

ORDER

The appeal as to the issue of entitlement to service connection for a psychiatric disability is dismissed.

FINDING OF FACT

In a July 2022 written submission, received prior to the promulgation of a decision in the appeal of the matter, the Veteran indicated that he wished to withdraw the sole issue on appeal, which is entitlement to service connection for a psychiatric disability; there is no question of fact or law in this matter remaining for the Board to consider.

CONCLUSION OF LAW

The criteria for withdrawal of an appeal are met as to the issue of entitlement to service connection for a psychiatric disability.  38 U.S.C. § 7105 (2012); 38 C.F.R. § 19.55 (2021).

 

REASONS AND BASES FOR FINDING AND CONCLUSION

The Veteran served on active duty from February 1982 to July 1994 with an earlier period of active duty for training (ACDUTRA) from December 1974 to May 1975.

In August 2019, a videoconference hearing was held before the undersigned Veterans Law Judge, and a transcript of the hearing is associated with the record.

In May 2020, February 2021, and March 2022, the Board remanded the current issue for additional development.

The Veteran had also appealed the denial of service connection for a left ankle disability, for a right ankle disability, for a left elbow disability, for a right elbow disability, for a right knee disability, and for a gastrointestinal/liver disability (to include gastroesophageal reflux disease (GERD)), and the Board most recently remanded these six issues in March 2022.  Thereafter, in a July 2022 rating decision, the Agency of Original Jurisdiction (AOJ) granted service connection for a left ankle disability, for a right ankle disability, for left elbow disabilities, for right elbow disabilities, for a right knee disability, and for GERD.  Because these matters have been granted in full, they are no longer on appeal and are not 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  An appeal may be withdrawn as to any or all issues involved in the appeal at any time before the Board promulgates a decision.  38 C.F.R. § 19.55.  Withdrawal may be made by the Veteran [or by his authorized representative, if applicable].  38 C.F.R. § 19.55.

In a July 2022 written submission, received prior to the promulgation of a decision in the appeal of the matter, the Veteran indicated that he wished to withdraw the sole issue on appeal, which is entitlement to service connection for a psychiatric disability.

As the Veteran has knowingly and voluntarily withdrawn the appeal of this issue (i.e., entitlement to service connection for a psychiatric disability) in accordance with 38 C.F.R. § 19.55, there remains no allegation of error of fact or law for the Board to address.  Accordingly, the Board does not have jurisdiction to review the appeal of this issue, and the appeal in this matter must be dismissed.

 

 

M. SORISIO

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	L. B. Yantz, 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.