Citation Nr: 18153957
Decision Date: 11/29/18	Archive Date: 11/28/18

DOCKET NO. 15-18 401
DATE:	November 29, 2018
ORDER
The appeal seeking entitlement to an effective date earlier than September 12, 2013 for the grant of service connection for posttraumatic stress disorder (PTSD) is dismissed.
FINDING OF FACT
In January 2018 correspondence, prior to the promulgation of a decision in the appeal, the Veteran indicated that he wished to withdraw his appeal for entitlement to an effective date earlier than September 12, 2013, for the grant of service connection for PTSD.
CONCLUSION OF LAW
The criteria for withdrawal of an appeal by the Veteran seeking entitlement to an effective date earlier than September 12, 2013, for the grant of service connection for PTSD have been met.  38 U.S.C. § 7105(b)(2), (d)(5) (2012); 38 C.F.R. § 20.204 (2017).
REASONS AND BASES FOR FINDING AND CONCLUSION
The Veteran served on active duty from March 1987 to May 1994.
The Board notes that the issues involving medical expense reimbursement, increased rating for service-connected posttraumatic stress disorder, and entitlement to a total rating based on individual employability are part of different appeal streams that are currently being developed at the RO at the post-notice of disagreement stage and the RO has not yet issued a statement of the case regarding these claims.  The Board acknowledges that ordinarily those claims should be remanded for issuance of a statement of the case pursuant to Manlincon v. West, 12 Vet. App. 238 (1999).  However, the electronic Veterans Appeals Control and Locator System (VACOLS) indicates that the Veteran’s notice of disagreement has been acknowledged by the RO and additional action is pending.  Therefore, this situation is distinguishable from Manlincon, where a notice of disagreement had not been recognized.  As such, the Board need not direct the RO in a remand to address these claims at this time. 
Dismissal of Earlier Effective Date Claim
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 (2012).  An appeal may be withdrawn as to any or all issues involved in the appeal at any time before the Board promulgates a decision.  38 C.F.R. § 20.204 (2017).  Withdrawal may be made by the appellant or by his or her authorized representative.  38 C.F.R. § 20.204.  
In the present case, in January 2018 correspondence, the Veteran’s attorney confirmed that he wished to withdraw his appeal for the issue of entitlement to an earlier effective date for the grant of service connection for PTSD.  Subsequently, in October 2018 correspondence, after receiving a letter indicating that the Veteran’s was scheduled for a videoconference hearing, the attorney again confirmed that the issue was withdrawn and the hearing should be cancelled and removed from the Board’s docket.  Hence, with regard to this issue, there remain no allegations of errors of fact or law for appellate consideration.  Accordingly, the Board does not have jurisdiction to review this issue and the appeal with regard to this issue only is dismissed.  
 
S. B. MAYS
Veterans Law Judge
Board of Veterans’ Appeals
ATTORNEY FOR THE BOARD	A. Yaffe, Associate Counsel