Citation Nr: 18143152
Decision Date: 10/18/18	Archive Date: 10/18/18

DOCKET NO. 16-05 935
DATE:	October 18, 2018
ORDER
Entitlement to a rating in excess of 70 percent for service-connected PTSD is dismissed.
FINDING OF FACT
On June 13, 2018, prior to the promulgation of a decision in the appeal, the Board received notification from the Veteran to withdraw the appeal for the issue of entitlement to a rating in excess of 70 percent for service-connected PTSD.
CONCLUSION OF LAW
The criteria for withdrawal of an appeal for a claim of entitlement to a rating in excess of 70 percent for service-connected PTSD have been met.  38 U.S.C. § 7104 (2012); 38 C.F.R. §§ 3.104, 3.156, 20.302, 20.1103 (2018).
REASONS AND BASES FOR FINDING AND CONCLUSION
The Veteran, who is the appellant in this case, had service from October 1966 to May 1969.
Entitlement to a rating in excess of 70 percent for service-connected PTSD
On June 13, 2018, VA received written correspondence from the Veteran that expressed his desire to withdraw the Notice of Disagreement (NOD) that was received by VA on May 23, 2013.  The Board notes that this NOD only addressed the issue of entitlement to a rating in excess of 70 percent for service-connected PTSD.  VA regulation provides for the withdrawal of an appeal to the Board when submitted in writing or expressed verbally at a Board hearing, and can occur at any time before the Board promulgates a final decision on the matter in question.  See 38 C.F.R. § 20.204(b) (2018); Hanson v. Brown, 9 Vet. App. 29, 31 (1996).
When pending appeals are withdrawn, there is no longer an allegation of error of fact or law with respect to the determinations that had been previously appealed.  Consequently, in such an instance, dismissal of the pending appeal for the aforementioned claims is appropriate.  See 38 U.S.C. § 7105(d) (2012).
Accordingly, further action by the Board on the claim is not appropriate and the Veteran’s appeal on the issue is dismissed.  Id.  
 
H. SEESEL
Veterans Law Judge
Board of Veterans’ Appeals
ATTORNEY FOR THE BOARD	R. Connally, Counsel