Citation Nr: 20004899
Decision Date: 01/22/20	Archive Date: 01/21/20

DOCKET NO. 15-14 169
DATE: January 22, 2020

ORDER

The issue of an evaluation in excess of 50 percent for posttraumatic stress disorder is dismissed.

FINDING OF FACT

In June 2019, prior to the promulgation of a decision in the appeal, the Veteran indicated that he wished to withdraw the issue of an evaluation in excess of 50 percent for posttraumatic stress disorder.

CONCLUSION OF LAW

The criteria for withdrawal of the issue of an evaluation in excess of 50 percent for posttraumatic stress disorder by the appellant have been met.  38 U.S.C. § 7105; 38 C.F.R. § 20.205.

REASONS AND BASES FOR FINDING AND CONCLUSION

The Veteran served on active duty from February 2003 to June 2004 and from June 2006 to June 2009.  The Veteran had a period of active duty for training from September 1997 to January 1998. 

This matter comes before the Board of Veterans’ Appeals (Board) on appeal from an August 2013 rating decision of a Department of Veterans Affairs (VA) Regional Office (RO).

The Board acknowledges that the Veteran was sent a letter in June 2019 from the RO indicating the appeal was discontinued.  The Board, however, must formally dismiss the appeal.

1. An evaluation in excess of 50 percent for posttraumatic stress disorder

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  An appeal may be withdrawn as to any or all issues involved in the appeal at any time before the Board promulgates a decision.  38 C.F.R. § 20.204 (2017).  Withdrawal may be made by an appellant or by his or her authorized representative.  Id.

In the present case, in a June 2019 correspondence, the Veteran indicated that he wished to withdraw his claim with respect to an evaluation in excess of 50 percent for posttraumatic stress disorder because he was granted a total disability rating based upon individual unemployability and was satisfied with his evaluation.  

There remain no allegations of errors of fact or law for appellate consideration with respect to these claims.  Under these circumstances, these issues are 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.

 

 

D. Martz Ames

Veterans Law Judge

Board of Veterans’ Appeals

Attorney for the Board	A. Rocktashel, 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.