Citation Nr: 0813656 Decision Date: 04/24/08 Archive Date: 05/01/08 DOCKET NO. 02-04 415 ) DATE ) ) On appeal from the Department of Veterans Affairs Regional Office in Seattle, Washington THE ISSUES 1. Entitlement to an initial disability rating in excess of 10 percent for service-connected post-traumatic stress disorder. 2. Entitlement to an effective date earlier than January 27, 2000, for the grant of service connection for post-traumatic stress disorder. (The issues of entitlement to a waiver of overpayment of pension benefits in the amount of $15,688.00, to include whether the overpayment was validly created, will be the subject of a separate decision issued simultaneously with this decision under the same docket number.) REPRESENTATION Appellant represented by: Disabled American Veterans ATTORNEY FOR THE BOARD Michael A. Pappas, Counsel INTRODUCTION The veteran served on active duty from July 1955 to December 1966. This matter comes before the Board of Veterans' Appeals (Board) on appeal of a March 2005 rating decision of the Department of Veterans Affairs (VA), Seattle, Washington, Regional Office (RO) that granted the claim of entitlement to service connection for post-traumatic stress disorder and assigned a 10 percent disability evaluation, effective from January 27, 2000. The veteran perfected an appeal as to the initial rating and effective date assigned. In October 2007, the veteran, through his authorized representative, asserted what appears to be a new claim for an increased rating for his service-connected post-traumatic stress disorder. It is referred to the RO for appropriate action. FINDINGS OF FACT 1. The veteran in this case served on active duty from July 1955 to December 1966. 2. On October 23, 2007, prior to the promulgation of a decision in the appeal of the denial of entitlement to an initial disability rating in excess of 10 percent for service-connected post-traumatic stress disorder, and the denial of entitlement to an effective date earlier than January 27, 2000 for the grant of service connection for post-traumatic stress disorder, the veteran submitted notification to VA that he wished to withdraw the appeal as to those issues. CONCLUSIONS OF LAW 1. The criteria for withdrawal of a Substantive Appeal by the appellant have been met as to the issue of entitlement to an initial disability rating in excess of 10 percent for service-connected post-traumatic stress disorder. 38 U.S.C.A. § 7105(b)(2), (d)(5) (West 2002); 38 C.F.R. §§ 20.202, 20.204 (2007). 2. The criteria for withdrawal of a Substantive Appeal by the appellant have been met as to the issue of entitlement to an effective date earlier than January 27, 2000, for the grant of service connection for post-traumatic stress disorder. 38 U.S.C.A. § 7105(b)(2), (d)(5) (West 2002); 38 C.F.R. §§ 20.202, 20.204 (2007). REASONS AND BASES FOR FINDINGS AND CONCLUSIONS A Substantive Appeal may be withdrawn in writing at any time before the Board promulgates a decision. 38 C.F.R. § 20.202. Withdrawal may be made by the appellant or by his or her authorized representative. 38 C.F.R. § 20.204. The veteran has withdrawn his appeal as to the issues of entitlement to an initial disability rating in excess of 10 percent for service-connected post-traumatic stress disorder, and entitlement to an effective date earlier than January 27, 2000, for the grant of service connection for post-traumatic stress disorder; hence, there remain no allegations of errors of fact or law for appellate consideration with regard to those two issues. Accordingly, the Board does not have jurisdiction and the issues of entitlement to an initial disability rating in excess of 10 percent for service- connected post-traumatic stress disorder, and entitlement to an effective date earlier than January 27, 2000, for the grant of service connection for post-traumatic stress disorder are dismissed. (CONTINUED ON NEXT PAGE) ORDER The appeal of the denial of entitlement to an initial disability rating in excess of 10 percent for service- connected post-traumatic stress disorder is dismissed. The appeal of the denial of entitlement to an effective date earlier than January 27, 2000 for the grant of service connection for post-traumatic stress disorder is dismissed. ____________________________________________ M. E. LARKIN Veterans Law Judge, Board of Veterans' Appeals Department of Veterans Affairs