Citation Nr: 1323829	
Decision Date: 07/26/13    Archive Date: 08/06/13

DOCKET NO.  09-12 769	)	DATE
	)
	)

On appeal from the
Department of Veterans Affairs Regional Office in Seattle, Washington


THE ISSUE

Entitlement to an increased disability rating for posttraumatic stress disorder (PTSD), currently rated as 70 percent disabling.


REPRESENTATION

Appellant represented by:	Vietnam Veterans of America


ATTORNEY FOR THE BOARD

A. Barone, Counsel


INTRODUCTION

The Veteran had active duty service from July 1965 to July 1968.

This matter comes before the Board of Veterans' Appeals (Board) on appeal from a September 2008 decision by a Regional Office (RO) of the Department of Veterans Affairs (VA).  A notice of disagreement was received in November 2008, a statement of the case was issued in March 2009, and a substantive appeal was received in April 2009.

The statement of the case for this appeal addressed two additional issues: entitlement to an increased rating for diabetes mellitus and entitlement to service connection for lipodermato sclerosis.  However, the Veteran's April 2009 Form 9 substantive appeal expressly limited the appeal to the PTSD rating issue addressed by the Board at this time.

During the course of this appeal, an October 2012 RO rating decision partially granted the claim for a higher disability rating for PTSD by assigning a 70 percent rating effective from January 1, 2007.  The Veteran's appeal remained pending with regard to seeking further increase.  However, as discussed below, the Veteran has recently expressly withdrawn the remainder of the appeal.


FINDING OF FACT

On June 19, 2013, prior to the promulgation of a decision in the appeal, the Board received notification from the Veteran's representative 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  An appeal may be withdrawn as to any or all issues involved in the appeal at any time before the Board promulgates a decision.  38 C.F.R. § 20.204 (2012).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.  In the present case, the Veteran's representative submitted a written statement in June 2013 conveying: "with the Veteran's express consent and permission, his claim for a higher rating for post traumatic stress disorder is withdrawn from appellate consideration."  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.



____________________________________________
ALAN S. PEEVY
Veterans Law Judge, Board of Veterans' Appeals



Department of Veterans Affairs