Citation Nr: 1319549	
Decision Date: 06/18/13    Archive Date: 06/27/13

DOCKET NO.  09-44 519	)	DATE
	)
	)

On appeal from the
Department of Veterans Affairs Regional Office in Manchester, New Hampshire


THE ISSUE

Entitlement to a higher initial rating for posttraumatic stress disorder (PTSD), evaluated as 30 percent disabling prior to November 23, 2009 and 50 percent disabling effective that date.   


REPRESENTATION

Appellant represented by:	Disabled American Veterans


WITNESS AT HEARING ON APPEAL

Appellant


ATTORNEY FOR THE BOARD

M. Zawadzki, Counsel
INTRODUCTION

The Veteran served on active duty from November 1969 to September 1971.  

This case comes before the Board of Veterans' Appeals (Board) on appeal from a May 2008 rating decision issued by the Department of Veterans Affairs (VA) Regional Office (RO) in Manchester, New Hampshire, in which the RO, in pertinent part, granted service connection and assigned an initial 30 percent rating for PTSD, effective August 27, 2007.  

In April 2009, the Veteran testified before a Decision Review Officer (DRO) at the RO.  A transcript of that hearing is of record.   

In a March 2010 rating decision, the RO, in pertinent part, granted an increased, 50 percent rating for PTSD, effective November 23, 2009.  The RO also granted a total disability rating based on individual unemployability due to service-connected disabilities (TDIU).  

The Board has reviewed the Veteran's Virtual VA file and finds that it does not include any additional relevant documents.


FINDING OF FACT

In August 2010, prior to the promulgation of a decision in the appeal, the Veteran indicated that he wished to withdraw from appeal the claim of entitlement to a higher rating for his service-connected PTSD.  


CONCLUSION OF LAW

The criteria for withdrawal of an appeal by the Veteran as to the claim of entitlement to a higher initial rating for PTSD, evaluated as 30 percent disabling prior to November 23, 2009 and 50 percent disabling effective that date, 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).  A substantive appeal may be withdrawn on the record during a hearing, and at any time before the Board promulgates a decision.  See 38 C.F.R. §§ 20.202, 20.204 (2012).  Withdrawal may be made by the Veteran or by his or her authorized representative.  See 38 C.F.R. § 20.204.  In a statement received in August 2010, the Veteran indicated that he wished to withdraw any issue under appeal regarding his PTSD.  He stated that he accepted the grant of a TDIU.  In May 2013, the Veteran's representative filed a motion to withdraw appeal, noting that the Veteran had previously submitted a statement indicating his desire to withdraw all issues on appeal as he was satisfied with the grant of a TDIU.  Thus, there remain no allegations of errors of fact or law for appellate consideration with respect to this matter.  Accordingly, the Board does not have jurisdiction to review this claim, and it must be dismissed.


ORDER

The appeal as to the claim of entitlement to a higher initial rating for PTSD, evaluated as 30 percent disabling prior to November 23, 2009 and 50 percent disabling effective that date, is dismissed.  



____________________________________________
P.M. DILORENZO
Veterans Law Judge, Board of Veterans' Appeals


Department of Veterans Affairs