Citation Nr: 20002289
Decision Date: 01/14/20	Archive Date: 01/10/20

DOCKET NO. 17-58 662
DATE: January 14, 2020

ORDER

The appeal is dismissed.

FINDING OF FACT

Prior to the promulgation of a decision by the Board, the Veteran, through his representative, withdrew the current appeal involving the issue of entitlement to an initial rating in excess of 30 percent for posttraumatic stress disorder (PTSD) in a December 2019 written correspondence.

CONCLUSION OF LAW

The criteria for withdrawal of an appeal by the Veteran, through his representative, have been met.  38 U.S.C. § 7105(b)(2), (d)(5); 38 C.F.R. § 20.204.

REASONS AND BASES FOR FINDING AND CONCLUSION

The Veteran served on active duty from July 2006 to September 2007.  This matter comes before the Board of Veterans’ Appeals (Board) on appeal from a rating decision issued in July 2016 by a Department of Veterans Affairs (VA) Regional Office.  In his November 2017 substantive appeal, the Veteran requested a Board hearing before a Veterans Law Judge; however, as discussed below, he subsequently withdrew his appeal. 

Entitlement to an initial rating in excess of 30 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.  An appeal may be withdrawn as to any or all issues involved in the appeal at any time before the Board promulgates a decision.  38 C.F.R. § 20.204.  Withdrawal may be made by the appellant or by his or her authorized representative.  Id.  In the present case, the Veteran, through his representative, withdrew the sole issue on appeal in a December 2019 written correspondence.  Consequently, 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 it is dismissed.

 

 

A. JAEGER

Veterans Law Judge

Board of Veterans’ Appeals

Attorney for the Board	Koria B. Stanton, 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 This decision is not precedential, and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.