Citation Nr: 1323146	
Decision Date: 07/19/13    Archive Date: 07/24/13

DOCKET NO.  13-01 598	)	DATE
	)


On appeal from the decision of the 
Department of Veterans Affairs Regional Office in Salt Lake City, Utah


THE ISSUE

Entitlement to a disability rating in excess of 70 percent for service-connected posttraumatic stress disorder (PTSD) with major depressive disorder. 


REPRESENTATION

Appellant represented by:	Joel Ban, Attorney-at-Law


ATTORNEY FOR THE BOARD

S. M. Kreitlow



INTRODUCTION

The Veteran had active military service from June 1966 to June 1969.  

This matter comes before the Board of Veterans' Appeals (Board) on appeal from a June 2011 rating decision of the Department of Veterans Affairs (VA) Regional Office (RO) in Salt Lake City, Utah, that, in relevant part, denied entitlement to a disability rating higher than 50 percent for PTSD with major depressive disorder.  

In addition, in the June 2011 rating decision, the RO denied entitlement to a total disability rating based upon individual unemployability due to service-connected disability (TDIU).  The Veteran initially appealed only the denial of the TDIU.  (See June 2011 Notice of Disagreement.)  The RO issued a Statement of the Case only as to that issue in March 2012.  In April 2012, the Veteran perfected his appeal by filing a VA Form 9; however, on it, he also listed the issues of PTSD and major depressive disorder, and the RO (after conferring with the Veteran) took that as a Notice of Disagreement as to the denial of an increased disability rating for PTSD with major depressive disorder in the June 2011 rating decision.  The RO issued a Statement of the Case as to the issue of entitlement to a disability rating higher than 50 percent for PTSD with major depressive disorder in November 2012, and the an appeal as to that issue was perfected in December 2012.  

By rating decision issued in April 2013, the RO granted an increased disability rating to 70 percent for the Veteran's PTSD with major depressive disorder and granted entitlement to a TDIU effective January 6, 2011, the date the Veteran filed his claims.  Consequently, the Board finds that the appeal as to the claim for a TDIU has been granted in full and the only remaining issue on appeal is that listed on the title page of this decision.



FINDING OF FACT

On May 28, 2013, prior to the promulgation of a decision in the appeal, the Board received notification from the appellant, through his attorney, that a withdrawal of this appeal is requested.


CONCLUSION OF LAW

The criteria for withdrawal of an appeal by the appellant (through his attorney) 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.  In the present case, the Veteran, through his attorney, has withdrawn this appeal via correspondence received on May 28, 2013.  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.




		
MILO H. HAWLEY
	Veterans Law Judge, Board of Veterans' Appeals




Department of Veterans Affairs