Citation Nr: 1318555	
Decision Date: 06/06/13    Archive Date: 06/11/13

DOCKET NO.  10-39 342	)	DATE
	)


On appeal from the 
Department of Veterans Affairs Regional Office in Muskogee, Oklahoma


THE ISSUE

Entitlement to a higher initial disability rating for service-connected posttraumatic stress disorder (PTSD), rated as 30 percent disabling prior to March 26, 2013, and 50 percent disabling thereafter. 


REPRESENTATION

Appellant represented by:	Military Order of the Purple Heart of the U.S.A.


WITNESS AT HEARINGS ON APPEAL

Appellant


ATTORNEY FOR THE BOARD

C. D. Simpson
INTRODUCTION

The Veteran had active duty for training from May to November 1985 and active duty service from January 1988 to January 1992.

This matter comes before the Board of Veterans' Appeals (Board) on appeal from an October 2009 rating decision by a Regional Office (RO) of the Department of Veterans Affairs (VA) in Muskogee, Oklahoma that granted service connection for PTSD and assigned a 10 percent initial rating.  In May 2010, the RO increased the initial rating to 30 percent.  

The Veteran had an August 2010 hearing before a Decision Review Officer (DRO) at the RO.  He was also afforded a September 2012 Board hearing before the undersigned.  Transcripts from both hearings are associated with claims folder. 

In February 2013, the Board remanded the appeal for additional development.  In April 2013, the Appeals Management Center (AMC) granted a rating of 50 percent for PTSD effective from March 26, 2013.  


FINDING OF FACT

On April 23, 2013, prior to the promulgation of a decision in the appeal, the Board received notification from the appellant that he desired to withdraw his appeal.


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 which fails to allege specific error of fact or law in the determination being appealed.  38 U.S.C.A. § 7105 (West 2002).  An appeal may be withdrawn as to any or all issues involved in the appeal at any time before the Board promulgates a decision.  38 C.F.R. § 20.204 (2012).  Withdrawal may be made by the appellant or by his authorized representative.  38 C.F.R. § 20.204.  In the present case, the appellant has withdrawn this appeal and, hence, there remain no allegations of errors of fact or law for appellate consideration.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.


ORDER

The appeal is dismissed.



_______________________________
MARK F. HALSEY
	Veterans Law Judge, Board of Veterans' Appeals


Department of Veterans Affairs