Citation Nr: 20021656 Decision Date: 03/26/20 Archive Date: 03/26/20 DOCKET NO. 17-39 827A DATE: March 26, 2020 ORDER Entitlement to an effective date prior to May 7, 2015 for the award of service connection for posttraumatic stress disorder (PTSD) with major depressive disorder with stimulant and opioid use disorders is dismissed. Entitlement to an initial rating in excess of 10 percent for gastroesophageal reflux disease (GERD) is dismissed. FINDINGS OF FACT 1. The Veteran has withdrawn his appeal seeking entitlement to an effective date prior to May 7, 2015 for the award of service connection for a PTSD with major depressive disorder with stimulant and opiod use disorder. 2. The Veteran has withdrawn his appeal seeking entitlement to an initial rating in excess of 10 percent for GERD. CONCLUSIONS OF LAW 1. The criteria for withdrawal of the appeal seeking entitlement to an effective date prior to May 7, 2015 for the award of service connection for PTSD with major depressive disorder with stimulant and opioid use disorders have been met. 38 U.S.C. § 7105; 38 C.F.R. § 20.205. 2. The criteria for withdrawal of the appeal seeking entitlement to an initial rating in excess of 10 percent for GERD have been met. 38 U.S.C. § 7105; 38 C.F.R. § 20.205. REASONS AND BASES FOR FINDINGS AND CONCLUSIONS The Veteran had active service from May 1985 to July 1991. These matters come before the Board of Veteran’s Appeals (Board) on appeal from rating decisions issued in November 2014 and in October 2015 of the St. Petersburg, Florida, Regional Office (RO). During the course of this appeal, the Veteran submitted a Notice of Disagreement (NOD) in relation to his claim for entitlement to an effective date prior to May 7, 2015 for the award of service connection for PTSD with major depressive disorder with stimulant and opioid use disorders and his claim for withdrawal of the appeal seeking entitlement to an initial rating in excess of 10 percent for GERD. See NOD, received by VA August 10, 2017. In an October 2017 statement, the Veteran related that he wished to withdraw his August 2017 NOD. See Veteran statement, received by VA October 28, 2017. In the October 2019 brief, the Veteran’s representative reiterated that the Veteran wished to withdraw his August 2017 NOD. See representative statement, October 2, 2019. 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 An appeal may be withdrawn as to any or all issues involved in the appeal at any time before the Board promulgates a decision. 38 C.F.R. § 20.204.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 Veteran or by his or her authorized representative. 38 C.F.R. § 20.204. 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. The Veteran has withdrawn the appeal on the issues of entitlement to an effective date prior to May 7, 2015 for the award of service connection for a PTSD with major depressive disorder with stimulant and opiod use disorder and entitlement to an initial rating in excess of 10 percent for GERD. The Board finds that the Veteran’s withdrawal is explicit, unambiguous, and done with a full understanding of the consequences of such action. See DeLisio v. Shinseki, 25 Vet. App. 45, 57 (2011). As such, the issues of entitlement to an effective date prior to May 7, 2015, for service connection for PTSD with major depressive disorder with stimulant and opioid use disorders and entitlement to an initial rating in excess of 10 percent for GERD are not currently before the Board. They are dismissed. KRISTY L. ZADORA Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board A. Lech, 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.