Citation Nr: 1319329	
Decision Date: 06/13/13    Archive Date: 06/21/13

DOCKET NO.  07-37 835	)	DATE
	)


On appeal from the decision of the 
Department of Veterans Affairs Regional Office in Huntington, West Virginia


THE ISSUE

Entitlement to an initial disability rating in excess of 70 percent for posttraumatic stress disorder (PTSD). 


REPRESENTATION

Appellant represented by:	Disabled American Veterans


ATTORNEY FOR THE BOARD

J. D. Deane, Counsel



INTRODUCTION

The Veteran served on active duty from January 1985 to January 1988.

This matter comes before the Board of Veterans' Appeals (Board) on appeal from a February 2006 rating decision by the Department of Veterans Affairs (VA) Regional Office (RO) in Huntington, West Virginia, which assigned an initial evaluation of 30 percent for the Veteran's service-connected PTSD, effective from December 6, 2004. 
 
When the case was most recently before the Board in January 2013, it was remanded for additional development.  While the case was in remand status, the initial evaluation for PTSD was increased to 70 percent, effective December 6, 2004.

The record before the Board consists of the Veteran's paper claims files and an electronic file known as Virtual VA.


FINDING OF FACT

In April 2013, prior to the promulgation of a decision in the appeal, the Board received notification from the Veteran that a withdrawal of the appeal for entitlement to a higher initial evaluation in excess of 70 percent for PTSD was requested.


CONCLUSION OF LAW

The criteria for withdrawal of the appeal for entitlement to an initial evaluation in excess of 70 percent for PTSD have been met.  38 U.S.C.A. § 7105(b)(2), (d)(5) (West 2002 & Supp. 2012); 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.  An appeal may be withdrawn as to any or all issues involved in the appeal at any time before the Board promulgates a decision.  Withdrawal may be made by the appellant or by his or her authorized representative.  38 C.F.R. § 20.204.  

In January 2013, the Board remanded the matter of entitlement to an initial evaluation in excess of 30 percent for PTSD for additional development, to include obtaining VA and private treatment records as well as a VA examination. 

After conducting the requested development, the Appeals Management Center (AMC) issued an April 2013 rating decision that awarded a 70 percent evaluation for PTSD from December 6, 2004.

Thereafter, the Veteran submitted a statement in April 2013, indicating that the assignment of a 70 percent rating for his PTSD satisfied his appeal.  As the Veteran has withdrawn his appeal for entitlement to an initial evaluation in excess of 70 percent for PTSD, there remains no allegation of error of fact or law for appellate consideration.  Accordingly, the Board does not have jurisdiction to review the appeal and it must be dismissed.


ORDER

The appeal for entitlement to an initial evaluation in excess of 70 percent for PTSD is dismissed.


		
Shane A. Durkin
	Veterans Law Judge, Board of Veterans' Appeals

Department of Veterans Affairs