Citation Nr: 20007344
Decision Date: 01/29/20	Archive Date: 01/28/20

DOCKET NO. 17-66 332
DATE: January 29, 2020

ORDER

An initial rating in excess of 30 percent for posttraumatic stress disorder (PTSD) is dismissed. 

FINDING OF FACT

In July 2019 and again in January 2020, prior to the promulgation of a Board decision, the Veteran withdrew her appeal for an initial rating in excess of 30 percent for PTSD.

CONCLUSION OF LAW

The criteria for withdrawal of the appeal for the issue of an initial rating in excess of 30 percent for PTSD have been met. 38 U.S.C. § 7105 (2012); 38 C.F.R. § 20.204 (2019).

REASONS AND BASES FOR FINDING AND CONCLUSION

The Veteran served on active duty from February 1998 to August 1999. The case is on appeal from an April 2017 rating decision.

The Veteran withdrew her Board hearing request in a signed statement made in July 2019. On the same form, she indicated that she is withdrawing her appeal as to this issue. In January 2020, in a written statement, her representative indicated that the Veteran is withdrawing her appeal. 

Specifically, under 38 U.S.C. § 7105, the Board may dismiss any appeal which fails to allege specific error of fact or law in the determination being appealed. An appeal may be withdrawn by the Veteran or representative on the record at a hearing, or in writing at any time before the Board promulgates a decision. 38 C.F.R. § 20.204.

The Board finds that the withdrawal of this issue is “explicit, unambiguous, and done with a full understanding of the consequences of such action on the part of the claimant.” DeLisio v. Shinseki, 25 Vet. App. 45, 57 (2011); see also Acree v. O’Rourke, 891 F.3d 1009 (Fed. Cir. 2018). This was the express statement made by the Veteran’s representative and the Veteran herself.

Therefore, there remain no allegations of errors of fact or law for appellate consideration with regard to this issue. Accordingly, the Board does not have jurisdiction to review the appeal and this issue is dismissed.

 

 

T. MAINELLI

Veterans Law Judge

Board of Veterans’ Appeals

Attorney for the Board	J. Nichols

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 This decision is not precedential, and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.