Citation Nr: 18149330
Decision Date: 11/09/18	Archive Date: 11/09/18

DOCKET NO. 15-34 834
DATE:	November 9, 2018
ORDER
The appeal is dismissed.
FINDING OF FACT
The Veteran’s authorized representative indicated that the grant of a total disability rating based on individual unemployability (TDIU) satisfies an appeal for an increased rating in excess of 70 percent for posttraumatic stress disorder (PTSD).
CONCLUSION OF LAW
The criteria for withdrawal of an appeal by the appellant (or his or her authorized representative) have been met.  38 U.S.C. § 7105(d)(5); 38 C.F.R. § 20.101(d).
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. § 7105.  It may dismiss any case over which it determines it does not have jurisdiction.  38 C.F.R. § 20.101(d).  
In the present case, the issue before the Board is whether the Veteran is entitled to an initial rating higher than 70 percent for PTSD, her only service-connected disability.  Under 38 C.F.R. § 4.130, Diagnostic Code 9411, the next higher schedular rating is 100 percent.
In an August 2018 statement, the Veteran’s representative stated, “If the issue is entitlement to 100% schedular we have achieved that with entitlement IU.”  Because the representative has indicated that the grant of a TDIU has satisfied the Veteran’s request for a 100 percent schedular rating for PTSD, 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.  Shoen v. Brown, 6 Vet. App. 456, 457 (1994) (a case or controversy must exist to obtain appellate review).  Mokal v. Derwinski, 1 Vet. App. 12, 15 (1990).
 
M. Tenner
Veterans Law Judge
Board of Veterans’ Appeals
ATTORNEY FOR THE BOARD	Shamil Patel, Counsel