Citation Nr: 18148660 Decision Date: 11/08/18 Archive Date: 11/07/18 DOCKET NO. 15-20 442 DATE: November 8, 2018 ORDER Entitlement to an initial rating in excess of 70 percent for posttraumatic stress disorder (PTSD) is dismissed. Entitlement to a total rating based on individual employability due to service-connected disability (TDIU) for the period beginning May 1, 2018, is granted, subject to the laws and regulations governing the payment of monetary benefits. FINDINGS OF FACT 1. In October 2018, prior to the promulgation of a decision in the appeal, the Veteran withdrew from appellate review the appeal of his claim for an initial rating in excess of 70 percent for PTSD, on the condition of TDIU being reinstated. 2. The Veteran is service connected for PTSD; his disability rating during this appeal meets the criteria for schedular consideration of TDIU. 3. The Veteran has not been employed during this appeal. 4. The Veteran’s service-connected PTSD precludes his substantially gainful employment. CONCLUSIONS OF LAW 1. The criteria for withdrawal of an appeal of the claim for an initial rating in excess of 70 percent for PTSD by the Veteran have been met. 38 U.S.C. § 7105(b)(2), (d)(5); 38 C.F.R. § 20.204. 2. The criteria for entitlement to TDIU for the period beginning May 1, 2018, have been met. 38 U.S.C. §§ 1155, 5107; 38 C.F.R. §§ 3.340, 3.341, 4.15, 4.16. REASONS AND BASES FOR FINDINGS AND CONCLUSIONS The Veteran had active military service from February 2002 to February 2006. He testified before the undersigned Veterans Law Judge during an October 2018 hearing. This matter is on appeal from a March 2010 rating decision. As the Veteran asserts that his PTSD renders him unemployable, the Board of Veterans’ Appeals (Board) concludes that the issue of entitlement to TDIU is before it. Rice v. Shinseki, 22 Vet. App. 447 (2009). 1. Entitlement to an initial rating in excess of 70 percent for PTSD. 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. § 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 An appeal may be withdrawn as to any or all issues involved in the appeal at any time before the Board promulgates a decision. 38 C.F.R. § 20.204. Withdrawal may be made by the Veteran or by his authorized representative. 38 C.F.R. § 20.204. In the present case, at the Veteran's October 2018 hearing, his representative withdrew the appeal of the issue of a higher initial rating for PTSD in lieu of TDIU being granted. The Board is satisfied that the Veteran understood the consequences of the withdrawal at the time of the hearing. Hence, there remain no allegations of errors of fact or law for appellate consideration of this issue. Accordingly, the Board does not have jurisdiction to review the appeal of the issue of an initial rating in excess of 70 percent for PTSD, and it is dismissed. 2. Entitlement to TDIU for the period beginning May 1, 2018. Total disability is considered to exist when there is any impairment that is sufficient to render it impossible for the average person to follow a substantially gainful occupation. 38 C.F.R. § 3.340(a)(1). In the current appeal, service connection has been granted for PTSD; the Veteran meets the schedular criteria for consideration for TDIU under 38 C.F.R. § 4.16(a). The Veteran's May 2010 application for TDIU shows that he has not worked during this appeal and completed one year of college with no additional training. In this case, a May 2015 rating decision granted TDIU from the date of claim for service connection for PTSD. A May 2018 rating decision discontinued TDIU effective May 1, 2018, as no completed employment questionnaire was received by the Veteran; such form was submitted by the Veteran in June 2018. The Veteran has not been substantially and gainfully employed at any time during this appeal. Based on the severity of the Veteran’s service-connected psychiatric disability; his employment background; and the fact that he has already been found to be unemployable as a result of his PTSD and continues to be unable to follow a substantially gainful occupation, the Board concludes that TDIU is warranted. This claim is thus granted in full. 38 U.S.C. § 5107(b). A.C. MACKENZIE Veterans Law Judge Board of Veterans’ Appeals ATTORNEY FOR THE BOARD L. Barstow, Counsel