Citation Nr: 21000945
Decision Date: 01/06/21	Archive Date: 01/06/21

DOCKET NO. 14-41 441
DATE: January 6, 2021

ORDER

Entitlement to a rating in excess of 70 percent for posttraumatic stress disorder (PTSD) is dismissed since withdrawn.

FINDING OF FACT

In September 2020, prior to the promulgation of a decision in this appeal, the Veteran, through his attorney, withdrew his claim of entitlement to a rating in excess of 70 percent for his PTSD. 

CONCLUSION OF LAW

The criteria are met for withdrawal of this appeal by the appellant or his authorized representative. 38 U.S.C. § 7105; 38 C.F.R. § 19.55.

REASONS AND BASES FOR FINDING AND CONCLUSION

The Veteran served on active duty from December 1967 to September 1969. 

This appeal to the Board of Veterans’ Appeals (Board) is from a March 2013 rating decision of a Department of Veterans Affairs (VA) Regional Office (RO).

The Veteran testified in support of this claim during a hearing before the undersigned Veterans Law Judge (VLJ) of the Board in January 2016. A transcript of the hearing is of record.

The Board subsequently remanded this claim in January 2019 for further development – including to obtain all outstanding treatment records and to have the Veteran reexamined to reassess the severity of his PTSD. Those remand instructions since have been completed, as directed. See Stegall v. West, 11 Vet. App. 268, 271 (1998).

A July 2020 rating decision since issued, on remand, increased the rating for the Veteran’s PTSD from 50 to 70 percent retroactively effective from June 11, 2012, so for the entire period under review.  A total disability rating based on individual unemployability (TDIU) also was granted as of that same retroactive effective date, as was entitlement to Dependents’ Educational Assistance (DEA).

Apparently because of those grants, on remand, the Veteran has elected to withdraw this appeal, so it is being dismissed.

Entitlement to a rating in excess of 70 percent for the PTSD

The Board may dismiss any appeal that 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 An appeal may be withdrawn as to any or all issues involved in the appeal at any time before the Board promulgates a decision. 38 C.F.R. § 19.55. Withdrawal may be made by the appellant or by his or her authorized representative. Id.  

 

In the present case, the appellant, through his authorized representative, has withdrawn this appeal in a September 2020 written correspondence to VA and, hence, there remain no allegations of errors of fact or law for appellate consideration. Accordingly, the Board does not have jurisdiction to review the appeal and it is dismissed.

 

 

KEITH W. ALLEN

Veterans Law Judge

Board of Veterans’ Appeals

Attorney for the Board	K. Pak

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.