Citation Nr: 23027192
Decision Date: 05/07/23	Archive Date: 05/07/23

DOCKET NO. 19-16 570
DATE: May 7, 2023

ORDER

The appeal is dismissed.

FINDING OF FACT

On November 1, 2021, prior to the promulgation of a decision in the appeal, the Board of Veterans' Appeals (Board) received notification from the Veteran that a withdrawal of this appeal is requested.

CONCLUSION OF LAW

The criteria for withdrawal of an appeal by the appellant 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 June 1981 to June 2001. 

In its June 2020 decision, the Board remanded the service connection claims for a right eye condition and an acquired psychiatric disability.  An August 2021 rating decision granted service connection for right eye pseudophakia and for unspecified depressive disorder.  These favorable decisions regarding the claims for service connection for the right eye condition and for an acquired psychiatric disability are considered full grants of the benefits sought on appeal; those claims are no longer before the Board.  See Grantham v. Brown, 114 F.3d 1156 (Fed. Cir. 1997).

Withdrawal

As discussed, the Board's June 2020 decision remanded several issues for additional development. Subsequently, increased ratings and earlier effective dates were granted with respect to some of the issues on appeal.  See August 2021 Rating Decision. To that end, the August 2021 supplemental statement of the case (SSOC) adjudicated the issues that were remanded in the June 2020 Board decision that were not granted. 

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Attached to the SSOC was an Appeals Satisfaction Notice, which was signed by the Veteran in October 2021 and returned to the Board in November 2021. This document indicated that the Veteran had received the recent correspondence regarding the decision to grant one or more of the issues on appeal, that he was satisfied with those decisions and wished to withdraw all remaining issues associated with the appeal.  He specified that he was withdrawing all of the remaining issues contained in the recent SSOC. 

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  An appeal may be withdrawn as to any or all issues involved in the appeal at any time before the Board promulgates a decision.  38 C.F.R. § 19.55.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.  Here, the Veteran has withdrawn 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.

 

 

J. Kirby

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	E. Fu, 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.