Citation Nr: 20021961
Decision Date: 03/30/20	Archive Date: 03/30/20

DOCKET NO. 17-22 595A
DATE: March 30, 2020

ORDER

The appeal concerning the issue of entitlement to service connection for an acquired psychiatric disorder, to include posttraumatic stress disorder (PTSD), is dismissed.

FINDING OF FACT

In a February 2020 statement, the Veteran explicitly, unambiguously, and with the full understanding of the consequences of such action, withdrew his appeal as to the issue of entitlement to service connection for an acquired psychiatric disorder, to include PTSD.

CONCLUSION OF LAW

The criteria for withdrawal of the appeal regarding the issue of entitlement to service connection for an acquired psychiatric disorder, to include PTSD, are met. 38 U.S.C. § 7105; 38 C.F.R. § 19.55.

REASONS AND BASES FOR FINDINGS AND CONCLUSIONS

The Veteran served on active duty in the United States Air Force from June 1974 to March 1976.  This matter comes before the Board of Veterans’ Appeals (Board) on appeal from a June 2014 rating decision of a Department of Veterans Affairs (VA) Regional Office (RO).  In February 2020, the Veteran withdrew his pending Board hearing request. 38 C.F.R. § 20.704(d).

The Board may dismiss any appeal that fails to allege a specific error of fact or law in the determination being appealed. 38 U.S.C. § 7105.  Here, in a February 2020 statement, the Veteran specifically withdrew the appeal as to the issue of entitlement to service connection for an acquired psychiatric disorder, to include PTSD. See February 2020 VA 21-4138, Statement in Support of Claim. As the Veteran has explicitly, unambiguously, and with the full understanding of the consequences of such action withdrawn his appeal of this issue, there remain no allegations of error of fact or law for appellate consideration on this issue. 38 U.S.C. § 7105; 38 C.F.R. § 19.55, see also Acree v. O’Rourke, 891 F.3d 1009 (Fed. Cir. 2018). Thus, the Board does not have the jurisdiction to review the appeal, and it is dismissed.

 

 

S. BUSH

Veterans Law Judge

Board of Veterans’ Appeals

Attorney for the Board	Victoria L. Stephens

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 This decision is not precedential and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.