Citation Nr: 18129682
Decision Date: 08/27/18	Archive Date: 08/27/18

DOCKET NO. 15-23 823
DATE:	August 27, 2018
ORDER
Entitlement to an initial disability rating higher than 70 percent for posttraumatic stress disorder (PTSD) is dismissed.
FINDING OF FACT
At the July 2017 Board hearing, after the appeal was perfected but prior to the promulgation of a decision by the Board, the Veteran withdrew his appeal of the issue of entitlement to an initial disability rating higher than 70 percent for PTSD.
CONCLUSION OF LAW
The criteria for withdrawal of the issue of entitlement to an initial disability rating higher than 70 percent for PTSD 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 April 1997 to April 2001.  He testified before the undersigned at a Board hearing held at the local Regional Office (Travel Board hearing) in July 2017; a copy of the transcript of the hearing has been associated with the electronic claims file.
Entitlement to an initial disability rating higher than 70 percent for PTSD.
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  An appeal may be withdrawn as to any or all issues involved in the appeal at any time before the Board promulgates a decision.  38 C.F.R. § 20.204 (2018).  Withdrawal may be made by the appellant or by his or her authorized representative.  Id.
During the July 2017 Board hearing, the Veteran explicitly, unambiguously, and with a full understanding of the consequences, withdrew the issue of entitlement to an initial disability rating higher than 70 percent for PTSD.  The undersigned clearly identified the withdrawn issue, and the Veteran affirmed that he was requesting a withdrawal as to that appeal.  See July 2017 Travel Board hearing transcript at p.1.  (“I want to withdraw all the actual appeal process for this.”)  His full understanding of the consequences was demonstrated based on the pre-hearing discussion regarding the decision to withdraw, as well as the testimony on the record that the Veteran could file a new claim for an increase should his disability get worse.  Id. at p. 3; see Acree v. O’Rourke, 891 F.3d 1009 (Fed. Cir. 2018). 
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Thus, the appeal of this claim has been properly withdrawn.  Hence, there remain no allegations of errors of fact or law for appellate consideration.  Accordingly, the Board does not have jurisdiction to review the appeal, and the claim for entitlement to an initial disability rating higher than 70 percent for PTSD is dismissed.
 
H.M. WALKER
Veterans Law Judge
Board of Veterans’ Appeals
ATTORNEY FOR THE BOARD	K.Gielow, Counsel