Citation Nr: 21001469
Decision Date: 01/08/21	Archive Date: 01/08/21

DOCKET NO. 18-03 694
DATE: January 8, 2021

ORDER

Entitlement to an evaluation in excess of 70 percent for posttraumatic stress disorder (PTSD) is dismissed.

FINDING OF FACT

In August 2019, prior to the promulgation of a decision with respect to this appeal, the Appellant withdrew his claim seeking an increased evaluation for PTSD.

CONCLUSION OF LAW

The criteria for the withdrawal of the issue seeking an increased evaluation for PTSD have been met. 38 U.S.C. § 7105; 38 C.F.R. § 19.55.

REASONS AND BASES FOR FINDING AND CONCLUSION

The Veteran served in the United States Air Force from August 1987 to August 2007.  For his meritorious service, the Veteran was awarded (among other decorations) the Meritorious Service Medal, the Air Force Commendation Medal, and the Air Force Achievement Medal.

This matter comes before the Board of Veterans’ Appeals (Board) on appeal from an August 2015 rating decision issued by the Department of Veterans Affairs (VA) Regional Office (RO). 

During the course of the appeal, entitlement to individual unemployability (TDIU) was granted in a July 2019 rating decision, effective December 19, 2014.  As this is the earliest date the Veteran meets the criteria for TDIU, the matter is no longer before the Board.

The Board has jurisdiction where there is a question of fact or law in any matter which under 38 U.S.C. § 511(a) is subject to a decision by the Secretary. 38 U.S.C. § 7104. 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An appeal may be withdrawn by the appellant or by his or her authorized representative at any time before the Board promulgates a decision in the matter. 38 C.F.R. § 19.55. A withdrawal of an appeal is effective when received.  Id.

Here, the Veteran (through his accredited attorney) submitted a response to the issuance of the supplemental statement of the case (SSOC) in August 2019 stating he wished to withdraw his appeal.  Additionally, in May 2020, the Veteran’s representative submitted correspondence seeking confirmation from the VA the appeal was withdrawn. 

This withdrawal was requested prior to the promulgation of a Board decision on these matters.  It contained the Veteran’s file number, his full name, a clear statement that he wished to withdraw the appeal, and the signature of his accredited attorney.  Accordingly, it meets all of the applicable requirements to be considered a valid withdrawal.  38 C.F.R. § 19.55.

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As the Veteran has withdrawn his appeal as to the only issue remaining for appellate consideration, there are no allegations of error of fact or law remaining for the Board to address. Thus, the Board does not have jurisdiction to further consider this appeal, and it is hereby dismissed.

 

Evan M. Deichert

Veterans Law Judge

Board of Veterans’ Appeals

Attorney for the Board	J. Mouzakis, Associate 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.