Citation Nr: 20021485
Decision Date: 03/26/20	Archive Date: 03/26/20

DOCKET NO. 18-34 515
DATE: March 26, 2020

ORDER

The claim of entitlement to an evaluation in excess of 30 percent for a post-traumatic stress disorder (PTSD) disability is dismissed.

FINDING OF FACT

In a statement from December 2018, prior to the promulgation of the decision on the claim of entitlement to an evaluation in excess of 30 percent for PTSD disability, the Veteran informed the Board that withdrawal of the appeal on this issue is requested.

CONCLUSION OF LAW

The criteria for withdrawal of an appeal by the Veteran for the claim of entitlement to an evaluation in excess of 30 percent for a PTSD disability have been met.  38 U.S.C. § 7105(b)(2), (d)(5) (2012); 38 C.F.R. § 20.205 (2018).

REASONS AND BASES FOR FINDING AND CONCLUSION

The Veteran served in the U.S. Army from January 1969 to October 1970.  This matter comes before the Board of Veterans’ Appeals (Board) on appeal from an October 2015 rating decision issued by a Department of Veterans Affairs (VA) Regional Office (RO).  The Veteran filed a notice of disagreement (NOD) in September 2016.  A statement of the case (SOC) was issued in May 2018, and the Veteran perfected his appeal in July 2018.       

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  An appeal may be withdrawn as to any or all issues involved in the appeal at any time before the Board promulgates a decision. 38 C.F.R. § 20.205.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

Here, the Veteran had originally contended that he was entitled to an evaluation in excess of 30 percent for a post-traumatic stress disorder (PTSD) disability.  However, in a statement from December 2018, the Veteran requested to withdraw his appeal.  At the time of this statement, the Board had not promulgated a decision on the issue on appeal. 

The Board accepts the statement described above as a valid withdrawal of the Veteran’s appeal on the above-mentioned issue.  As such, there remain no allegations or errors of fact or law for appellate consideration on the issue of entitlement to an evaluation in excess of 30 percent for a post-traumatic stress disorder (PTSD) disability.  Accordingly, the Board does not have jurisdiction to review the appeal on this issue, and the claim is dismissed. 

 

JAMES G. REINHART

Veterans Law Judge

Board of Veterans’ Appeals

Attorney for the Board	Department of Veterans Affairs

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.