Citation Nr: 1323501	
Decision Date: 07/23/13    Archive Date: 08/01/13

DOCKET NO.  07-11 315	)	DATE
	)
	)

On appeal from the
Department of Veterans Affairs Regional Office in Houston, Texas


THE ISSUE

Entitlement to an increase in the ratings assigned for post-traumatic stress disorder (PTSD), currently assigned "staged ratings" of 30 percent prior to August 6, 2008, 50 percent from August 6, 2008 to April 22, 2013, and 70 percent from that date.


REPRESENTATION

Appellant represented by:	Disabled American Veterans


WITNESS AT HEARING ON APPEAL

Appellant


ATTORNEY FOR THE BOARD

A. Barone, Counsel
INTRODUCTION

The appellant is a Veteran who served on active duty from June 1979 to March 1988.  This matter is before the Board of Veterans' Appeals (Board) on appeal from an October 2005 rating decision of the Department of Veterans Affairs (VA) Regional Office (RO) in Houston, Texas that, in pertinent part, awarded service connection for PTSD, rated 30 percent, effective August 20, 2004.  An interim, November 2009, Decision Review Officer (DRO) decision granted a staged increased (to 50 percent) rating effective August 6, 2008.  A May 2013, rating decision granted a staged increased (to 70 percent) rating effective April 22, 2013.

In June 2010, a videoconference hearing was held before the undersigned.  A transcript of the hearing is in the Veteran's claims file.  In July 2010, this issue was remanded for additional development (the matter of entitlement to an earlier effective date was dismissed as it was withdrawn by the appellant).  In February 2013, the issue remaining on appeal was again remanded for additional development.


FINDING OF FACT

In June 2013, prior to the promulgation of a decision in this matter, the Board received notification from the Veteran that he was withdrawing his appeal seeking  higher ratings for PTSD; there are no questions of fact or law in the matter remaining for the Board to consider.

CONCLUSION OF LAW

The criteria for withdrawal of an appeal by the Veteran are met with respect to the claim for increased ratings for PTSD; the Board has no further jurisdiction in the matter.  38 U.S.C.A. §§ 7104, 7105 (West 2002); 38 C.F.R. §§ 20.202, 20.204 (2012).


REASONS AND BASES FOR FINDING AND CONCLUSION

Veterans Claims Assistance Act of 2000 (VCAA)

The VCAA, in part, describes VA's duties to notify and assist claimants in substantiating a claim for VA benefits.  See 38 U.S.C.A. §§ 5100, 5102, 5103, 5103A, 5106, 5107, 5126; 38 C.F.R. §§ 3.102, 3.156(a), 3.159, 3.326(a).  The VCAA applies to the instant claim.  However, given the Veteran's expression of intent to withdraw his appeal in the matter of the claim for higher initial ratings for PTSD, further discussion of the impact of the VCAA on this matter is not necessary.

Withdrawal

The Board has jurisdiction where there is a question of law or fact on appeal to the Secretary.  38 U.S.C.A. § 7104; 38 C.F.R. § 20.101.  Under 38 U.S.C.A. § 7105, the Board may dismiss any appeal, which fails to allege specific error of fact or law in the determination being appealed.  An appeal may be withdrawn in writing at any time before the Board promulgates a decision.  38 C.F.R. § 20.202.  Withdrawal may be made in writing or on the record at a hearing by the appellant or by his authorized representative.  38 C.F.R. § 20.204.

On June 25, 2013, the Board received an Appeals Satisfaction Notice signed by the Veteran stating:

I have received recent correspondence regarding the decision to grant one or more of my issues on appeal.  Based on the decision rendered, I am satisfied and wish to withdraw any remaining issues that have been remanded (sent back) to the Appeals Management Center by the Board of Veterans Appeals for further development.  By signing and submitting this form, I am asking to withdraw any remaining issue contained in my recent Board of Veterans Appeals remand order and ask that the Appeals Management Center discontinue further development actions.
Inasmuch as the Veteran has withdrawn his appeal in the matter of the claim for higher ratings for PTSD, there is no allegation of error of fact or law in the matter remaining before the Board.  Hence, the Board does not have jurisdiction to consider an appeal in this matter, and the appeal must be dismissed.


ORDER

The appeal seeking higher ratings for PTSD is dismissed.


____________________________________________
George R. Senyk
Veterans Law Judge, Board of Veterans' Appeals



Department of Veterans Affairs