Citation Nr: 19190819
Decision Date: 12/03/19	Archive Date: 12/03/19

DOCKET NO. 17-13 348
DATE: December 3, 2019

ORDER

Entitlement to an evaluation in excess of 20 percent for service-connected spondylosis L5 with mild narrowing of L5-S1 disc space has been dismissed.

Entitlement to an evaluation in excess of 50 percent for service-connected posttraumatic stress disorder (PTSD), with major depressive disorder (MDD) and generalized anxiety disorder (GAD) has been dismissed.

FINDINGS OF FACT

1. In April 2017, and reiterated again, in November 2019, prior to promulgation of a decision in this appeal, the Veteran withdrew his appeal of an increased rating for spondylosis L5 with mild narrowing of L5-S1 disc space.

2. In April 2017, and reiterated again, in November 2019, prior to promulgation of a decision in this appeal, the Veteran withdrew his appeal of an increased rating for PTSD with MDD and GAD.

CONCLUSIONS OF LAW

1. The criteria for withdrawal of entitlement to an evaluation in excess of 20 percent for service-connected spondylosis L5 with mild narrowing of the L5-S1 disc space by the Veteran have been met.  38 U.S.C. § 7105 (2012); 38 C.F.R. § 20.204 (2019).

2. The criteria for withdrawal of entitlement to an evaluation in excess of 50 percent for service-connected PTSD, with MDD and GAD by the Veteran have been met.  38 U.S.C. § 7105 (2012); 38 C.F.R. § 20.204 (2019).

REASONS AND BASES FOR FINDINGS AND CONCLUSIONS

The Veteran served active duty in the U.S. Marine Corps from May 1979 to November 1980 and Navy from October 1981 to October 1983.

This case comes before the Board on appeal of an August 2015 rating decision.

The Board notes that on the February 2017 VA Form 9, the Veteran requested a video conference Board hearing.  However, in an April 2017 statement, prior to the hearing being scheduled, the Veteran withdrew his claims.  Therefore, the Board considers the hearing request cancelled.  See 38 C.F.R. § 20.704(e).

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Withdrawn Claims

In April 2017, and reiterated in November 2019, prior to promulgation of a decision in this appeal, the Veteran submitted a statement to withdraw his claims of entitlement to an increased rating for his lumbar spine disability and PTSD.  See April 2017 statement.  Thus, with respect to the claims on appeal, there are no longer any alleged errors of fact or law for appellate consideration.  See 38 C.F.R. § 20.204.  Accordingly, the Board no longer has jurisdiction to review the appeal that denied an increased rating for a lumbar spine disability and PTSD and they are therefore dismissed.

 

 

KRISTI L. GUNN

Veterans Law Judge

Board of Veterans’ Appeals

Attorney for the Board	I. Umo, Associate Counsel

The Board’s decision in this case is binding only with respect to the instant matter decided. This decision is not precedential and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.