Citation Nr: 20003391
Decision Date: 01/14/20	Archive Date: 01/14/20

DOCKET NO. 18-28 759
DATE: January 14, 2020

ORDER

Entitlement to an extension of a period of temporary total evaluation based on surgical or other treatment necessitating convalescence for left ankle arthropathy, status post trip arthrodesis beyond March 31, 2017 is dismissed.

Entitlement to an evaluation greater than 70 percent for posttraumatic stress disorder (PTSD) with severe major depressive disorder without psychosis is dismissed.

FINDING OF FACT

In October 2018, the Veteran and his attorney submitted signed statements withdrawing this appeal and, hence, there remain no allegations of errors of fact or law for appellate consideration.

CONCLUSION OF LAW

With respect to the claims for an extension of the temporary total evaluation for convalescence after left ankle surgery and for an increased rating for PTSD, the criteria for the withdrawal of an appeal by the appellant have been met.  38 U.S.C. § 7105; 38 C.F.R. § 20.205.

REASONS AND BASES FOR FINDING AND CONCLUSIONS

The Veteran served in the United States Army National Guard from May 1990 to November 1990.  These matters are on appeal from June 2017 and December 2017 rating decisions.

In October 2018, the Veteran’s attorney submitted a withdrawal of representation.  In December 2018, the Board sent the attorney a letter informing her, because that her withdrawal occurred after the June 2018 certification of the appeal to the Board, she needed to submit a valid motion to withdraw representation.  To date, she has not responded to the letter.  Therefore, she remains that Veteran’s representative.

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  An appeal may be withdrawn as to any or all issues involved in the appeal at any time before the Board promulgates a decision.  38 C.F.R. § 20.204.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.  38 C.F.R. § 20.205.  In October 2018, the Veteran and his attorney submitted signed statements withdrawing this appeal and, 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 it is dismissed.

 

 

Michael Nye

Acting Veterans Law Judge

Board of Veterans’ Appeals

Attorney for the Board	R.R. Watkins, 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.