Citation Nr: 18140613
Decision Date: 10/04/18	Archive Date: 10/03/18

DOCKET NO. 16-59 616
DATE:	October 4, 2018
ORDER
The appeal as to the matter of entitlement to an increased evaluation for posttraumatic stress disorder (PTSD) is dismissed.
REMANDED
Entitlement to a total disability rating due to individual unemployability (TDIU) is remanded.
FINDING OF FACT
In April 2018, prior to the promulgation of a decision, the Veteran expressed a desire to withdraw his appeal for entitlement to an increased evaluation for PTSD.
CONCLUSION OF LAW
The criteria for withdraw of the appeal for entitlement to an increased evaluation for PTSD has been met. 38 U.S.C. § 7105 (b)(2), (d)(5) (2012); 38 C.F.R. § 20.204 (2017).
REASONS AND BASES FOR FINDING AND CONCLUSION
The Veteran served on active duty from August 1962 to October 1966.
This appeal comes to the Board of Veterans’ Appeals (Board) from a rating decision by the Department of Veterans Affairs (VA) Regional Office (RO).
Withdrawn Claim
The Board may dismiss any appeal which fails to allege specific error of fact or law in the determination being appealed. See 38 U.S.C. § 7105.  An appeal may be withdrawn as to any or all issues involved in the appeal at any time before the Board promulgates a decision.  Withdrawal may be requested by the appellant or by his authorized representative. See 38 C.F.R. § 20.204 (a).  Except for appeals withdrawn on the record at a hearing, withdraw of an issue must be done in writing. See 38 C.F.R. § 20.204 (b).
In a letter dated April 3, 2018, the Veteran, through his authorized representative, expressed a clear intent to withdraw his appeal for entitlement to an increased evaluation for PTSD.  As the Veteran has withdrawn his appeal with respect to the claim for entitlement to an increased evaluation for PTSD, there remain no allegations of errors of fact or law for appellate consideration as to this issue at this time.  Accordingly, the Board does not have jurisdiction to review this appeal and it is hereby dismissed.
REASONS FOR REMAND
1. Entitlement to TDIU is remanded.
The Veteran seeks entitlement to a TDIU, to specifically include on an extra-schedular basis, and contends that his PTSD prevents him from securing or following any substantially gainful occupation. Although he does not currently meet the criteria for a schedular award of TDIU, it is the policy of the VA that all Veterans who are unable to secure and follow a substantially gainful occupation by reason of a service connected disability shall be rated totally disabled and that Veterans who fail to meet the schedular criteria for a TDIU rating shall be considered for such a rating on an extra-schedular basis. 38 C.F.R. § 4.16 (b).  However, the Board is precluded from awarding TDIU on an extra-schedular basis in the first instance.  Bowling v. Principi, 15 Vet. App. 1, 10 (2001). 
Since an October 2017 vocational assessment, reflects that the Veteran’s service-connected PTSD may prevent him from securing and maintaining substantially gainful employment, the Board herein remands the issue of entitlement to an award of TDIU on an extraschedular basis to the Director of Compensation and Pension Service.  See 38 C.F.R. § 4.16 (b) (2017).
The matter is REMANDED for the following action:
The Veteran’s claim must be forwarded to the Director of Compensation and Pension Service for consideration of entitlement to TDIU on an extraschedular basis in accordance with 38 C.F.R. § 4.16 (b).
 
JEBBY RASPUTNIS
Acting Veterans Law Judge
Board of Veterans’ Appeals
ATTORNEY FOR THE BOARD	Tiffany N. Hanson, Associate Counsel