Citation Nr: 1320205	
Decision Date: 06/21/13    Archive Date: 07/02/13

DOCKET NO.  09-35 856	)	DATE
	)
	)

On appeal from the
Department of Veterans Affairs Regional Office in St. Louis, Missouri


THE ISSUE

Entitlement to an initial rating in excess of 50 percent for the period prior to May 3, 2013, and in excess of 70 percent thereafter, for posttraumatic stress disorder (PTSD).


REPRESENTATION

Veteran represented by:	Missouri Veterans Commission


ATTORNEY FOR THE BOARD

Donna D. Ebaugh, Counsel

INTRODUCTION

The Veteran had active military service from December 1967 to December 1970.

This matter comes before the Board of Veterans' Appeals (Board) on appeal from a rating decision issued in March 2009 by the Department of Veterans Affairs (VA) Regional Office (RO) in St. Louis, Missouri.  This case was previously before the Board in January 2013, at which time it was remanded for further development, and now returns for further appellate review.

The Board notes that, on the Veteran's September 2009 substantive appeal (VA Form 9), he requested a hearing before a Veterans Law Judge sitting at his local RO; in October 2009 he then changed his request to a video-conference hearing.  In an undated statement received between October 2009 and January 2010, the Veteran withdrew his request for a Board hearing and requested that his claims file be sent to the Board.  In January 2010 statements, the Veteran's representative reiterated that the Veteran withdrew his request for a hearing and requested that his claims file be forwarded to the Board.  Therefore, as noted in the January 2013 Remand, the Board finds that the Veteran's request for a hearing has been withdrawn.

The appeal was remanded by the Board in January 2013 to the agency of original jurisdiction (AOJ) for further development.  Upon completion of additional development, the AOJ issued a rating decision in May 2013 that awarded a 70 percent disability rating for PTSD, effective May 3, 2013.  Therefore, the issue on appeal has been characterized as shown on the first page of this decision.    


FINDING OF FACT

On June 10, 2013, prior to the promulgation of a decision in the appeal, the Board received notification from the Veteran that a withdrawal of this appeal is requested.


CONCLUSION OF LAW

The criteria for withdrawal of an appeal by the Veteran 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 or her authorized representative.  38 C.F.R. 
§ 20.204.  On June 10, 2013, prior to the promulgation of a decision in the appeal, the Board received notification from the Veteran in which he expressed his satisfaction with the May 2013 rating decision, which, as indicated previously, granted a 70 percent rating for PTSD, effective May 3, 2013, and indicated that he wished to withdraw any remaining issues contained in the Board's prior remand order.  As noted on the title page, the only issue remaining on appeal is entitlement to an initial rating in excess of 50 percent prior to May 3, 2013, and in excess of 70 percent thereafter for PTSD.  Therefore, as the Veteran has withdrawn his appeal with respect to this issue, 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.


____________________________________________
A. JAEGER
Veterans Law Judge, Board of Veterans' Appeals

Department of Veterans Affairs