Citation Nr: 18106987
Decision Date: 06/01/18	Archive Date: 05/31/18

DOCKET NO. 16-21 096
DATE:	June 1, 2018
ORDER
The appeal as to the issue of entitlement to an increased rating for posttraumatic stress disorder (PTSD) is dismissed.
FINDING OF FACT
In a Statement in Support of Claim received in April 2018, the appellant indicated that he wished to withdraw his appeal with respect to the issue of entitlement to an increased rating for PTSD.
CONCLUSION OF LAW
The criteria for withdrawal of an appeal have been met for the issue of entitlement to an increased rating for PTSD.  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 appellant served on active duty from August 1968 to June 1971.  This matter comes before the Board of Veterans’ Appeals (Board) from an August 2015 rating decision of the Department of Veterans Affairs (VA) Regional Office (RO) in Waco, Texas.
A review of the record shows that in a January 2013 rating decision, the RO denied a rating in excess of 50 percent for PTSD.  The appellant perfected an appeal of the RO’s decision via his submission of a timely VA Form 9 in July 2014.  Before the appeal was certified to the Board, in an August 2015 rating decision, the RO continued the 50 percent rating for PTSD.
In a February 2018 decision, the Board granted a 70 percent rating for PTSD as well as a total rating based on individual unemployability (TDIU).  Although the issue was resolved, for reasons which are unclear, the RO apparently created a separate appeal stream stemming from the August 2015 rating decision.  See e.g. Report of General Information, dated April 16, 2018.  The appellant has made clear that in light of the Board’s February 2018 decision, he does not wish to pursue the appeal.  
Under applicable criteria, 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  An appeal may be withdrawn as to any or all issues involved in the appeal at any time before the Board promulgates a decision.  38 C.F.R. § 20.204 (2017).  An appeal may be withdrawn on the record at a hearing or in writing at any time before the Board promulgates a decision.  38 C.F.R. § 20.202, 20.204.  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 a Statement in Support of Claim received in April 2018, the appellant indicated that he wished to withdraw his appeal with respect to the issue of entitlement to an increased rating for PTSD, and noted that the Board had granted an increased rating for such in February 2018.
The Board finds that the withdrawal is explicit, unambiguous, and done with a full understanding of the consequences of such action.  DeLisio v. Shinseki, 25 Vet. App. 45, 57 (2011); 38 C.F.R. § 20.204 (2017).  Hence, there remain no allegations of fact or law for appellate consideration with respect to this claim.  Under these circumstances, this issue is no longer within the Board’s jurisdiction.  See Hamilton v. Brown, 4 Vet. App. 528 (1993) (en banc) aff’d, 39 F.3d 1574 (Fed. Cir. 1994) (holding that the Board is without the authority to proceed on an issue if the claimant indicates that consideration of that issue should cease).  Accordingly, the Board does not have jurisdiction to review the appeal of this issue, and it is dismissed.
 
K. Conner
Veterans Law Judge
Board of Veterans’ Appeals
ATTORNEY FOR THE BOARD	R. Behlen, Associate Counsel