Citation Nr: 18158140
Decision Date: 12/18/18	Archive Date: 12/14/18

DOCKET NO. 15-00 558A
DATE:	December 18, 2018
ORDER
Entitlement to an initial evaluation in excess of 50 percent for posttraumatic stress disorder (PTSD), with secondary major depressive disorder and alcohol abuse, is dismissed.
FINDING OF FACT
In March 2016, prior to the promulgation of a decision in the appeal, the Veteran submitted a written request to withdrawal his appeal of the issue entitlement to an initial evaluation in excess of 50 percent for PTSD, with secondary major depressive disorder and alcohol abuse.  
CONCLUSION OF LAW
The criteria for withdrawal of an appeal of the issue of entitlement to an initial evaluation in excess of 50 percent for PTSD, with secondary major depressive disorder and alcohol abuse have been met.  38 U.S.C. § 7105(b)(2), (d)(5) (2012); 38 C.F.R. § 20.204 (2018).
REASONS AND BASES FOR FINDING AND CONCLUSION
The Veteran served on active duty from June 1967 to January 1970.
This matter comes before the Board of Veterans’ Appeals (Board) on appeal from a September 2011 rating decision by the Department of Veterans Affairs (VA) Regional (RO).
1. Entitlement to an initial evaluation in excess of 50 percent for PTSD, with secondary major depressive disorder and alcohol abuse.
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  An appeal may be withdrawn as to any or all issues involved in the appeal at any time before the Board promulgates a decision.  38 C.F.R. § 20.204 (2017).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 March 2016, prior to the promulgation of a decision in the appeal, the Veteran submitted a written request to withdrawal his appeal of the issue entitlement to an initial evaluation in excess of 50 percent for PTSD, with secondary major depressive disorder and alcohol abuse.  He confirmed his intention to withdrawal the appeal of this issue during an October 2017 telephone conference with the RO.  




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Hence, there remains no allegation of error of fact or law for appellate consideration of this issue.  Accordingly, the Board does not have jurisdiction to review the appeal of this issue and it is dismissed.

 
Evan M. Deichert
Veterans Law Judge
Board of Veterans’ Appeals
ATTORNEY FOR THE BOARD	W. Yates, Counsel