Citation Nr: 18150645
Decision Date: 11/15/18	Archive Date: 11/15/18

DOCKET NO. 16-52 122
DATE:	November 15, 2018
ORDER
Entitlement to an increased rating for posttraumatic stress disorder (PTSD) with alcohol dependency, currently evaluated as 70 percent disabling, is dismissed.
FINDING OF FACT
In October 2018, prior to the promulgation of a decision in the appeal, the Veteran indicated that he wanted to withdraw the appeal.
CONCLUSION OF LAW
The criteria for withdrawal of an appeal by the Veteran have been met. 38 U.S.C. § 7105 (b)(2), (d)(5); 38 C.F.R. § 20.204.
REASONS AND BASES FOR FINDING AND CONCLUSION
The Veteran served on active duty from March 1968 to March 1971.  
This case comes before the Board of Veterans’ Appeals (Board) on appeal from a rating decision by the Department of Veterans Affairs (VA) Regional Office (RO).
The Board notes that the Veteran had requested a videoconference hearing before a Veterans Law Judge at the Agency of Original Jurisdiction (AOJ) in an October 2016 substantive appeal.  However, he later withdrew the hearing request in an October 2018 statement.  Therefore, the Board deems his hearing request withdrawn. See 38 C.F.R § 20.704(e). 
In addition, the Veteran’s appeal had originally included the issue of entitlement to a total disability evaluation based upon individual unemployability due to service-connected disabilities (TDIU).  However, during the pendency of the appeal, the AOJ granted the claim in a June 2018 rating decision.  The grant constitutes a full award of the benefits sought on appeal. See Grantham v. Brown, 114 F. 3d 1156, 1158 (Fed. Cir. 1997).  As such, the claim for TDIU is no longer in appellate status and thus, it is no longer before the Board. See Grantham, 114 F.3d at 1158 (holding that a separate notice of disagreement must be filed to initiate appellate review of “downstream” elements such as the disability rating or effective date assigned).

Law and Analysis
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  An appeal may be withdrawn as to any or all issues involved in the appeal at any time before the Board promulgates a decision. 38 C.F.R. § 20.204.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 appellant or by his or her authorized representative. 38 C.F.R. § 20.204.  Withdrawal of an appeal will be deemed a withdrawal of the notice of disagreement and, if filed, the substantive appeal, as to all issues to which the withdrawal applies. 38 C.F.R. § 20.204(c). 
In the present case, in an October 2018 written statement, the Veteran indicated that he was satisfied in light of the grant of entitlement to TDIU and wanted to withdraw the appeal.  Thus, there remains no allegations of errors of fact or law for appellate consideration.  Accordingly, the Board does not have jurisdiction to review the issue, and the appeal is dismissed.
 
J.W. ZISSIMOS
Veterans Law Judge
Board of Veterans’ Appeals
ATTORNEY FOR THE BOARD	K. Osegueda, Counsel