Citation Nr: 20072877
Decision Date: 11/12/20	Archive Date: 11/12/20

DOCKET NO. 15-41 155A
DATE: November 12, 2020

ORDER

The appeal for entitlement to a rating for service-connected posttraumatic stress disorder (PTSD) in excess of 30 percent prior to February 7, 2020, and in excess of 70 percent on and after February 7, 2020 is dismissed.

FINDING OF FACT

In correspondence received in September 2020, prior to the promulgation of a decision in the appeal, the Veteran withdrew the issue of entitlement to a rating for service-connected PTSD in excess of 30 percent prior to February 7, 2020, and in excess of 70 percent on and after February 7, 2020.

 

CONCLUSION OF LAW

The criteria for withdrawal of the issue of entitlement to a rating for service-connected PTSD in excess of 30 percent prior to February 7, 2020, and in excess of 70 percent on and after February 7, 2020 have been met.  38 U.S.C. § 7105 (West 2012); 38 C.F.R. § 20.205 (2019).

REASONS AND BASES FOR FINDING AND CONCLUSION

The Veteran served on active duty from February 1977 to May 1980. This case comes before the Board of Veterans’ Appeals (the Board) on appeal from a November 2013 rating decision.

In October 2018 the Veteran presented testimony in a travel board hearing before the undersigned.  In April 2019, the Board remanded the issue as listed above as well as the issues of entitlement to service connection for a lumbar spine disorder and entitlement to a total disability rating based on individual unemployability.  Those issues were granted in an August 2020 rating decision. Thus, these issues are no longer on appeal. See Grantham v. Brown, 114 F. 3d 1156, 1158 (Fed. Cir. 1997). 

Withdrawal of Appeal

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  An appeal may be withdrawn as to any or all issues involved in the appeal at any time before the Board promulgates a decision.  38 C.F.R. § 20.205.  Withdrawal may be made by the appellant or by his or her authorized representative.  38 C.F.R. § 20.205.  

In the present case, in correspondence received in September 2020, the Veteran withdrew the issue of entitlement to a rating for service-connected PTSD in excess of 30 percent prior to February 7, 2020, and in excess of 70 percent on and after February 7, 2020.  Hence, there remain no allegations of errors of fact or law for appellate consideration as to this issue.  Accordingly, the Board does not have jurisdiction to review the issue, and it is dismissed with respect to that claim.  38 U.S.C. § 5108.

 

K. MILLIKAN

Veterans Law Judge

Board of Veterans’ Appeals

Attorney for the Board	David Nelson

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.