Citation Nr: 18155984 Decision Date: 12/06/18 Archive Date: 12/06/18 DOCKET NO. 15-04 734 DATE: December 6, 2018 ORDER 1. Entitlement to a disability rating in excess of 30 percent for posttraumatic stress disorder (PTSD) prior to July 1, 2017, and in excess of 70 percent thereafter, has been withdrawn and is dismissed. 2. Entitlement to a disability rating in excess of 10 percent for coronary artery disease (CAD) prior to March 31, 2016, and in excess of 60 percent thereafter, has been withdrawn and is dismissed. 3. Entitlement to a compensable disability rating for bilateral hearing loss prior to March 31, 2016, in excess of 10 percent between March 31, 2016 and July 10, 2017, and in excess of 30 percent thereafter, has been withdrawn and is dismissed. FINDING OF FACT On July 31, 2018, the agency of original jurisdiction received explicit and unambiguous notification from the Veteran that a withdrawal of this claim was requested. CONCLUSIONS OF LAW 1. The criteria for withdrawal of the appeal of the issue of entitlement to a disability rating in excess of 30 percent for PTSD prior to July 1, 2017, and in excess of 70 percent thereafter, were met on July 31, 2018. 38 U.S.C. § 7105(b)(2), (d)(5) (2012); 38 C.F.R. § 20.204 (2017). 2. The criteria for withdrawal of the appeal of the issue of entitlement to a disability rating in excess of 10 percent for CAD prior to March 31, 2016, and in excess of 60 percent thereafter, were met on July 31, 2018. 38 U.S.C. § 7105(b)(2), (d)(5) (2012); 38 C.F.R. § 20.204 (2017). 3. The criteria for withdrawal of the appeal of the issue of entitlement to a compensable disability rating for bilateral hearing loss prior to March 31, 2016, in excess of 10 percent between March 31, 2016 and July 10, 2017, and in excess of 30 percent thereafter, were met on July 31, 2018. 38 U.S.C. § 7105(b)(2), (d)(5) (2012); 38 C.F.R. § 20.204 (2017). REASONS AND BASES FOR FINDING AND CONCLUSIONS The Veteran served on active duty from July 1967 to June 1969. Withdrawal 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 An appeal may be withdrawn as to any or all issues involved in the appeal at any time before the Board promulgates a decision. 38 C.F.R. § 20.204 (2017).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 authorized representative. Id. Unless an appeal is withdrawn on the record at a hearing, appeal withdrawals must be in writing and must include the name of the veteran, the name of the claimant or appellant if other than the veteran, the applicable VA file number, and a statement that the appeal is withdrawn. If the appeal involves multiple issues, the withdrawal must specify that the appeal is withdrawn in its entirety, or list the issue(s) withdrawn from the appeal. 38 C.F.R. § 20.204(b)(1). Until the appeal is transferred to the Board, an appeal withdrawal is effective when received by the agency of original jurisdiction. 38 C.F.R. § 20.204(b)(3). In correspondence received July 31, 2018, the Veteran notified the agency of original jurisdiction (here, the RO) that he was satisfied with the decisions in the most recent Supplemental Statement of the Case and indicated that he wished to withdraw all remaining issues on appeal. The withdrawal is in writing and contains the Veteran’s name, VA claims file number, and a statement indicating that the Veteran wished to withdraw his claim. The Veteran’s withdrawal is in compliance with 38 C.F.R. § 20.204(b)(1). When pending appeals are withdrawn, there is no longer an allegation of error of fact or law for appellate consideration. In such circumstances, dismissal of the appeal is appropriate. 38 U.S.C. § 7105(d)(5).] 1. Entitlement to a disability rating in excess of 30 percent for PTSD prior to July 1, 2017, and in excess of 70 percent thereafter. The Board does not have jurisdiction to review this issue on appeal, and it is dismissed. 2. Entitlement to a disability rating in excess of 10 percent for CAD prior to March 31, 2016, and in excess of 60 percent thereafter. The Board does not have jurisdiction to review this issue on appeal, and it is dismissed. 3. Entitlement to a compensable disability rating for bilateral hearing loss prior to March 31, 2016, in excess of 10 percent between March 31, 2016 and July 10, 2017, and in excess of 30 percent thereafter. The Board does not have jurisdiction to review this issue on appeal, and it is dismissed. A. P. SIMPSON Veterans Law Judge Board of Veterans’ Appeals ATTORNEY FOR THE BOARD D. Cheng, Associate Counsel