Citation Nr: 18159146
Decision Date: 12/18/18	Archive Date: 12/18/18

DOCKET NO. 15-27 302
DATE:	December 18, 2018
ORDER
The appeal of the issue of entitlement to an initial rating in excess of 20 percent for bilateral hearing loss prior to June 17, 2015; in excess of 30 percent from June 17, 2018 to January 26, 2018, and; in excess of 50 percent from January 26, 2018, is dismissed.
The appeal of the issue of entitlement to an initial rating in excess of 50 percent for posttraumatic stress disorder (PTSD) with major depressive disorder prior to January 24, 2018, an in excess of 70 percent from that date, is dismissed.
FINDING OF FACT
In a written statement received in October 2018 the Veteran withdrew his appeal in the matters of entitlement to higher ratings for bilateral hearing loss and PTSD.
CONCLUSION OF LAW
The criteria for withdrawal of the appeal of the issues of higher ratings for bilateral hearing loss and PTSD have been met.  38 U.S.C. § 7105(d)(5); 38 C.F.R. § 20.204.
REASONS AND BASES FOR FINDINGS AND CONCLUSIONS
This case was most recently before the Board in October 2017 when it was remanded for additional development. 
In a September 2018 rating decision the RO granted service connection for tinnitus, effective August 31, 2011. As this decision represents a complete grant of the benefits sought, that issue is no longer on appeal before the Board.  See generally Grantham v. Brown, 114 F.3d 116 (Fed. Cir. 1997); Barrera v. Gober, 122 F.3d 1030 (Fed. Cir. 1997). 
The September 2018 rating decision also granted service connection for right ear hearing loss and assigned a 20 percent rating for the now service-connected bilateral hearing loss, effective August 31, 2011; 30 percent from June 17, 2015, and 50 percent from January 26, 2018.  The evaluation for PTSD was increased to 70 percent, effective January 24, 2018. 
In October 2018, the Veteran submitted a signed copy of an Appeals Satisfaction Notice asking to withdraw the issues noted on the recent Supplemental Statement of the Case.  As those were the only issues before the Board, there is no remaining disagreement with any determination of fact or law as to that claim, and thus no case in controversy for appellate consideration.  38 C.F.R. § 20.101. 
(Continued on the next page)
 
The appeal of the issues of higher ratings for bilateral hearing loss, and higher ratings for PTSD must be dismissed.
 
M.E. Larkin
Veterans Law Judge
Board of Veterans’ Appeals
ATTORNEY FOR THE BOARD	Eric Struening, Associate Counsel