Citation Nr: 18159672
Decision Date: 12/19/18	Archive Date: 12/19/18

DOCKET NO. 17-02 526
DATE:	December 19, 2018
ORDER
The appeal seeking a rating in excess of 70 percent for posttraumatic stress disorder (PTSD) with alcohol abuse prior to May 16, 2017 is dismissed.
The appeal seeking an effective date prior to July 15, 2014, for a temporary total evaluation for convalescence for service-connected cubital tunnel syndrome; and increases in the (30 percent from September 1, 2014 to April 28, 2015; and 20 percent from that date) ratings assigned for cubital tunnel syndrome, is dismissed.
FINDINGS OF FACT
In August 2017, prior to the promulgation of a decision in the matters, the Board received notification from the Veteran’s then-representative that he was withdrawing his appeals seeking an increased rating for PTSD with alcohol abuse prior to May 16, 2017; an earlier effective date for a temporary total evaluation for cubital tunnel syndrome, and increased ratings for that disability; there are no questions of fact or law in these matters remaining for the Board to consider.
CONCLUSIONS OF LAW
The criteria for withdrawal of an appeal are met with respect to the claims seeking an increased rating for PTSD with alcohol abuse prior to May 16, 2017; an earlier effective date for a temporary total evaluation for cubital tunnel syndrome, and increased ratings for that disability; the Board has no further jurisdiction in these matters.  38 U.S.C. §§ 7104, 7105; 38 C.F.R. §§ 20.202, 20.204(a)(b)(c).
REASONS AND BASES FOR FINDINGS AND CONCLUSIONS
The appellant is a Veteran who served on active duty from August 5 to November 9, 1985, and from February 2004 to March 2005.  These matters are before the Board on appeal from a November 2014 rating decision.
Under 38 U.S.C. § 7104, the Board has jurisdiction where there is a question of law or fact necessary to a decision by the Secretary of VA under a law that affects the provision of benefits administered by VA.  38 C.F.R. § 20.101.  Under 38 U.S.C. § 7105(d)(5), the Board may dismiss any appeal which fails to allege specific error of fact or law in the determination being appealed.  A substantive appeal may be withdrawn in writing at any time before the Board promulgates a decision.  Withdrawal may be made by the appellant or by an authorized representative, and must be in writing, or on the record at a hearing.  38 C.F.R. § 20.204(a)(b).  
In August 2017, the Veteran’s then-representative (who has since withdrawn representation) requested that the Board dismiss the matters on appeal “outside of their roles in the matter of appropriate effective date for TDIU”.  The effective date for the award of a TDIU rating is not on appeal before the Board.  [Notably, the claims on appeal were filed in July 2014 and would have no bearing on an effective date prior to October 31, 2012 for the Veteran’s TDIU rating.]  
As he has withdrawn his appeal in these matters, there remain no allegations of error of fact or law for appellate consideration in the matters. 


Accordingly, the Board has no further jurisdiction in the matters, and the appeals seeking an increased rating for PTSD with alcohol abuse prior to May 16, 2017; an earlier effective date for a temporary total evaluation for cubital tunnel syndrome, and increased ratings for that disability must be dismissed.
 
GEORGE R. SENYK
Veterans Law Judge
Board of Veterans’ Appeals
ATTORNEY FOR THE BOARD	D. Schechner, Counsel