Citation Nr: 1304656	
Decision Date: 02/08/13    Archive Date: 02/19/13

DOCKET NO.  10-06 166	)	DATE
	)
	)

On appeal from the
Department of Veterans Affairs Regional Office in Phoenix, Arizona



THE ISSUE

Entitlement to increases in the "staged" ratings (of 30 percent prior to December 3, 2010, and 70 percent from that date) assigned for the Veteran's posttraumatic stress disorder (PTSD).  



REPRESENTATION

Appellant represented by:	Disabled American Veterans



ATTORNEY FOR THE BOARD

Jarrette A. Marley, Associate Counsel


INTRODUCTION

The Veteran served on active duty from June 1969 to May 1973.  

This matter comes before the Board of Veterans' Appeals (Board) on appeal from an April 2009 rating decision by the Muskogee, Oklahoma Department of Veterans Affairs (VA) Regional Office (RO) that, in pertinent part, granted service connection for the Veteran's PTSD, rated 30 percent, effective January 2, 2009.  An interim February 2011 rating decision increased the rating for the Veteran's PTSD to 70 percent, effective December 3, 2010.  The Veteran's claims file is now in the jurisdiction of the Phoenix, Arizona RO.  

The Veteran was scheduled for a hearing before a Veterans Law Judge in February 2013.  Prior to the hearing, in January 2013 correspondence, he withdrew the hearing request and his appeal.  

The Board also notes that the Veteran filed a claim for entitlement to a total disability rating based on individual unemployability due to his service-connected disabilities (TDIU).  In a June 2011 rating decision, the RO granted the Veteran entitlement to TDIU.  Accordingly, that matter is no longer on appeal and is not before the Board.  


FINDING OF FACT

In January 2013, prior to the promulgation of a decision in the appeal for increased ratings for PTSD, the Veteran indicated that he wished to withdraw the appeal.  


CONCLUSION OF LAW

The criteria for the withdrawal of the Substantive Appeal with respect to increased ratings for PTSD have been met.  38 U.S.C.A. § 7105 (West 2002); 38 C.F.R. §§ 20.101, 20.202, 20.204 (2012).  

REASONS AND BASES FOR FINDING AND CONCLUSIONS

The Board has jurisdiction where there is a question of law or fact on appeal to the Secretary.  38 U.S.C.A. § 7104; 38 C.F.R. § 20.101.  Under 38 U.S.C.A. § 7105, the Board may dismiss any appeal that fails to allege specific error of fact or law in the determination being appealed.  A Substantive Appeal may be withdrawn in writing at any time before the Board promulgates a decision.  38 C.F.R. § 20.202.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.  In January 2013 correspondence, the Veteran's representative expressed intent to withdraw the issue of entitlement to increased ratings for PTSD.  Thus, there are no allegations of error of fact or law for appellate consideration on this claim.  Accordingly, the Board does not have jurisdiction to consider an appeal in this matter.  


ORDER

The appeal seeking increased rating for PTSD, currently assigned "staged" ratings of 30 percent prior to December 3, 2010, and 70 percent from that date, is dismissed.  



____________________________________________
STEVEN D. REISS
Veterans Law Judge, Board of Veterans' Appeals


Department of Veterans Affairs