Citation Nr: 20032019
Decision Date: 05/06/20	Archive Date: 05/06/20

DOCKET NO. 17-09 510
DATE: May 6, 2020

ORDER

The claim for entitlement to an effective date earlier than February 19, 2014 for the award of service connection for posttraumatic stress disorder (PTSD) has been withdrawn.

FINDING OF FACT

In a February 2020 statement, the Veteran withdrew the claim for entitlement to an earlier effective date for his award of service connection for PTSD.

CONCLUSION OF LAW

The criteria for withdrawal of entitlement to an effective date earlier than February 19, 2014 for the award of service connection for PTSD have been met.  38 U.S.C. § 7105; 38 C.F.R. § 20.205.

REASONS AND BASES FOR FINDING AND CONCLUSION

The Veteran served on active duty from January 1976 to September 1985.

1. Entitlement to an earlier effective date for PTSD

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.  A substantive appeal may be withdrawn in writing at any time before the Board promulgates a decision.  38 C.F.R. §§ 20.202, 20.204.  Except for appeals withdrawn on the record at a hearing, appeal withdrawals must be in writing.  38 C.F.R. § 20.204.  

In a February 2020 statement, the Veteran clearly and unambiguously withdrew the claim of entitlement to an effective date earlier than February 19, 2014 for the award of service connection for PTSD.  Since the Veteran has withdrawn her appeal regarding this issue pending before the Board, there remain no allegations of error of fact or law for appellate consideration.  Accordingly, the Board does not have jurisdiction to review the appeal on the issue of entitlement of entitlement to an earlier effective date for PTSD, and it is dismissed.

 

 

T. MAINELLI

Veterans Law Judge

Board of Veterans’ Appeals

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 This decision is not precedential and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.