Citation Nr: 21001293
Decision Date: 01/07/21	Archive Date: 01/07/21

DOCKET NO. 18-28 226A
DATE: January 7, 2021

ORDER

The appeal for entitlement to a disability rating in excess of 70 percent for posttraumatic stress disorder (PTSD) is dismissed.

The appeal for entitlement to a finding of total disability based on individual unemployability (TDIU) is dismissed.

FINDING OF FACT

In November 2020, prior to the promulgation of a decision, the Board of Veterans’ Appeals (Board) received a signed statement from the Veteran communicating that he wished to withdraw his pending appeals.  

CONCLUSIONS OF LAW

1. The criteria for withdrawal of the appeal on the issue of entitlement to a disability rating in excess of 70 percent for PTSD have been met.  38 U.S.C. § 7105 (2018); 38 C.F.R. § 19.55 (2020).  

2. The criteria for withdrawal of the appeal on the issue of entitlement to TDIU have been met.  38 U.S.C. § 7105 (2018); 38 C.F.R. § 19.55 (2020).

REASONS AND BASES FOR FINDING AND CONCLUSIONS

The Veteran served on active duty for training from August 1995 to December 1995 and served on active duty in the U.S. Army from March 2003 to May 2004.  These matters come before the Board from rating decisions of the Department of Veterans Affairs (VA) Regional Office (RO).

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  A substantive appeal may be withdrawn in writing at any time before the Board promulgates a decision.  38 C.F.R. §§ 19.22, 19.55.

In a signed October 2020 statement, received in November 2020 by the Board, the Veteran indicated that he no longer wanted to pursue his claims before the Board and wanted the appeals closed.  His statement included his name and claims file number, satisfying the requirements of 38 C.F.R. § 19.55(b) for withdrawal.

There remain no allegations of error of fact or law for appellate consideration on these issues, and the Board does not have further jurisdiction.  The appeals as to the claims for entitlement to an increased rating for PTSD and entitlement to TDIU are dismissed.

 

 

WILLIAM H. DONNELLY

Veterans Law Judge

Board of Veterans’ Appeals

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 This decision is not precedential and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.