Citation Nr: 18150386 Decision Date: 11/15/18 Archive Date: 11/15/18 DOCKET NO. 12-22 008 DATE: November 15, 2018 ORDER Entitlement to an initial disability rating in excess of 50 percent for posttraumatic stress disorder (PTSD) from September 27, 2011 to June 28, 2014, and in excess of 70 percent, thereafter is dismissed. Entitlement to a total disability rating based on individual unemployability (TDIU) due to service-connected disabilities is dismissed. FINDINGS OF FACT 1. On September 21, 2018, prior to the promulgation of a decision in the appeal, the Veteran withdrew his appeal as to the issue of entitlement to an initial disability rating in excess of 50 percent for posttraumatic stress disorder (PTSD) from September 27, 2011 to June 28, 2014, and in excess of 70 percent, thereafter. 2. On September 21, 2018, prior to the promulgation of a decision in the appeal, the Veteran withdrew his appeal as to the issue of entitlement to a total disability rating based on individual unemployability (TDIU) due to service-connected disabilities. CONCLUSIONS OF LAW 1. The criteria for the withdrawal of the appeal by the Veteran are satisfied with respect to the issue of entitlement to an initial disability rating in excess of 50 percent for posttraumatic stress disorder (PTSD) from September 27, 2011 to June 28, 2014, and in excess of 70 percent, thereafter. 38 U.S.C. § 7105(b)(2), (d)(5); 38 C.F.R. § 20.204. 2. The criteria for the withdrawal of the appeal by the Veteran are satisfied with respect to the issue of entitlement to a total disability rating based on individual unemployability (TDIU) due to service-connected disabilities is dismissed. 38 U.S.C. § 7105(b)(2), (d)(5); 38 C.F.R. § 20.204. REASONS AND BASES FOR FINDINGS AND CONCLUSIONS The Veteran served on active duty from November 1966 to November 1969. This matter comes before the Board of Veterans’ Appeals (Board) on appeal from a January 2012 rating decision. In February 2014, the Veteran testified before the undersigned Veterans Law Judge (VLJ) at a video-conference hearing. A transcript of that hearing is of record. The Veteran’s claim for an increased rating for PTSD was before the Board in April 2014. At that time, the Board found that the issue of a TDIU rating had been raised by the record as part of his claim for an increased rating for PTSD. See Rice v. Shinseki, 22 Vet. App. 447 (2009). The Board remanded the Veteran’s claims for further development. That development having been completed, the claims have returned to the Board. 1. Entitlement to an initial disability rating in excess of 50 percent for posttraumatic stress disorder (PTSD) from September 27, 2011 to June 28, 2014, and in excess of 70 percent, thereafter and; 2. Entitlement to a total disability rating based on individual unemployability (TDIU) due to service-connected disabilities are withdrawn. VA regulations provide for the withdrawal of an appeal to the Board by the submission of a written request at any time before the Board issues a final decision on the merits. See 38 C.F.R. § 20.204. After an appeal is transferred to the Board, an appeal withdrawal is effective the date it is received by the Board. 38 C.F.R. § 20.204(b)(3). Appeal withdrawals must be in writing and must include the name of the Veteran, the Veteran’s claim number, and a statement that the appeal is withdrawn. 38 C.F.R. § 20.204(b)(1). A September 5, 2018, rating decision assigned a 70 percent disability rating for the Veteran’s service-connected PTSD, effective June 29, 2014 and denied entitlement to a TDIU rating. The Veteran’s claims folder contains a corresponding Supplemental Statement of Case (SSOC). On September 21, 2018, prior to the promulgation of a decision in the appeal, the Board received an Appeals Satisfaction Notice signed by the Veteran and his representative, reflecting the Veteran’s desire to withdraw his appeals concerning the issues of an increased rating for PTSD and entitlement to a TDIU rating. The Appeals Satisfaction Notice reads as follows: I have received the recent correspondence regarding the decision to grant one or more of my issues on appeal. Based on the decision rendered, I am satisfied and wish to withdraw all remaining issues associated with this appeal. By signing and submitting this form, I am asking to withdraw all remaining issue(s) contained in my recent Statement of the Case (SOC)/Supplemental Statement of the Case (SSOC) and ask the regional office of jurisdiction to discontinue further development actions associated with this appeal. Please only return this document if you no longer want to pursue the remaining items contained in your Statement of the Case/Supplemental Statement of the Case (SSOC). Accordingly, as the September 21, 2018 Appeals Satisfaction Notice was promptly mailed to VA after the September 5, 2018 rating decision that awarded an increased rating for PTSD and denied entitlement to a TDIU rating, included the Veteran’s name and claims file number, and included a statement that he wished to withdraw the appeal, the Board finds the criteria for withdrawal of all issues associated with this appeal. Therefore, the criteria for withdrawal as to the issues of an increased rating for PTSD and entitlement to a TDIU rating are met. See 38 U.S.C. § 7105(b)(2), (d)(5); 38 C.F.R. § 20.204. Hence, with respect to these issues, there remain no allegations of error of fact or law for appellate consideration. Accordingly, the Board does not have jurisdiction to review the appeal as to these matters, and they are dismissed. P.M. DILORENZO Veterans Law Judge Board of Veterans’ Appeals ATTORNEY FOR THE BOARD S. Mussey, Associate Counsel