Citation Nr: 23014682
Decision Date: 03/10/23	Archive Date: 03/10/23

DOCKET NO. 19-04 396
DATE: March 10, 2023

ORDER

The appeal pertaining to the issue of entitlement to service connection for an acquired psychiatric disorder is dismissed.

FINDING OF FACT

Through written correspondence received October 21, 2020, prior to the promulgation of a decision, the Veteran requested to withdraw his appeal.

CONCLUSION OF LAW

The criteria for withdrawal of the appeal pertaining to the issue of entitlement to service connection for an acquired psychiatric disorder by the Veteran have been met.  38 U.S.C. § 7105; 38 C.F.R. § 19.55.

REASONS AND BASES FOR FINDING AND CONCLUSION

The Veteran served in the United States Army from April 1979 to May 1982.

This matter comes to the Board of Veterans' Appeals (Board) on appeal from a rating decision issued in May 2018 by a Department of Veterans Affairs (VA) Regional Office.

Entitlement to service connection for an acquired psychiatric disorder.

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  An appeal may be withdrawn as to any or all issues involved in the appeal at any time before the Board promulgates a decision.  38 C.F.R. § 20.205.  Withdrawal may be made by the appellant or by his or her authorized representative.  Id.  For withdrawals not made on the record at a Board hearing, such must be in writing and include (1) the name of the appellant, (2) the applicable VA file number, and (3) a statement that the appeal is withdrawn.  If the appeal involves multiple issues, the withdrawal must specify that the appeal is withdrawn in its entirety or list the issue(s) withdrawn from the appeal.  Id.; Hembree v. Wilkie, 33 Vet. App. 1 (2020).

In the present case, the Veteran requested to withdraw his appeal pertaining to the issue of entitlement to service connection for an acquired psychiatric disorder through written correspondence received on October 21, 2020. In this regard, such statement was in writing, authored by the Veteran, included the correct file number, and explicitly identified the issue to be withdrawn. 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. 

 

M. M. Celli

Acting Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	Ian Hitchcock

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.