Citation Nr: 1306889	
Decision Date: 02/28/13    Archive Date: 03/01/13

DOCKET NO.  11-14 926A	)	DATE
	)
	)

On appeal from the
Department of Veterans Affairs Regional Office in Columbia, South Carolina


THE ISSUE

Entitlement to an initial disability rating in excess of 50 percent for posttraumatic stress disorder (PTSD).  


REPRESENTATION

Appellant represented by:	South Carolina Office of Veterans Affairs


ATTORNEY FOR THE BOARD

Evan M. Deichert, Associate Counsel


INTRODUCTION

The Veteran served on active duty from July 1968 to July 1971.

This matter comes before the Board of Veterans' Appeals (Board) on appeal of a September 2010 rating decision by the Department of Veterans Affairs (VA) Regional Office (RO) in Columbia, South Carolina that in relevant part granted service connection for PTSD and assigned an initial rating of 30 percent disabling, effective from May 4, 2010.

During the course of the appeal the RO issued a rating decision in April 2012 that increased the initial rating for PTSD to 50 percent disabling.   However, the claim for an initial rating higher than 50 percent remains active before the Board.  See AB v. Brown, 6 Vet. App. 35, 38 (1993) (holding that a claim for an increased rating remains in controversy where less than the maximum available benefit is awarded).


FINDING OF FACT

On July 23, 2012, prior to the promulgation of a decision in the appeal, the Veteran notified VA that he requested withdrawal of his appeal for an increased initial rating for PTSD.


CONCLUSION OF LAW

The criteria for withdrawal of an appeal by the appellant have been met.  38 U.S.C.A. § 7105(b)(2), (d)(5) (West 2002); 38 C.F.R. § 20.204 (2012).


REASONS AND BASES FOR FINDING AND CONCLUSION

The Board may dismiss any appeal that fails to allege specific error of fact or law in the determination being appealed.  38 U.S.C.A. § 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  An appeal may be withdrawn as to any or all issues involved in the appeal at any time before the Board promulgates a decision.  38 C.F.R. § 20.204.  Withdrawal may be made by the appellant or by his or her authorized representative.  38 C.F.R. § 20.204.  

In a July 23, 2012 letter, the Veteran stated that he wished to withdraw his appeal; there accordingly remain no allegations of errors of fact or law for appellate consideration.  Therefore, the Board does not have jurisdiction to review the appeal and it is dismissed.


ORDER

The appeal is dismissed.



____________________________________________
RONALD W. SCHOLZ 
Veterans Law Judge, Board of Veterans' Appeals



Department of Veterans Affairs