Citation Nr: 21002760
Decision Date: 01/14/21	Archive Date: 01/14/21

DOCKET NO. 09-48 587
DATE: January 14, 2021

ORDER

Entitlement to a disability rating in excess of 70 percent for posttraumatic stress disorder (PTSD) from June 10, 2008 is dismissed.

FINDING OF FACT

In December 2020 correspondence, prior to the promulgation of a decision by the Board, the Veteran, through counsel, withdrew his claim for entitlement to a disability rating in excess of 70 percent for PTSD from June 10, 2008.

CONCLUSION OF LAW

The criteria for withdrawal of an appeal by the Veteran for the issue of entitlement to a disability rating in excess of 70 percent for PTSD from June 10, 2008 have been met. 38 U.S.C. § 7105 (b)(2), (d)(5) (2012); 38 C.F.R. § 20.204 (2019).

REASONS AND BASES FOR FINDING AND CONCLUSION

The Veteran had active duty in the United States Army from December 1967 to December 1969 including service in the Republic of Vietnam. 

This matter comes before the Board of Veterans’ Appeals(Board) from an April 2009 rating decision of the Regional Office (RO) of the Department of Veterans Affairs (VA) in Atlanta, Georgia 

Dismissal of a Claim

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  An appeal may be withdrawn as to any or all issues involved in the appeal at any time before the Board promulgates a decision.  38 C.F.R. § 20.204.  

Withdrawal may be made by the Veteran or by his or her authorized representative and must be in writing, except for appeals withdrawn on the record at a hearing.  38 C.F.R. § 20.204.  In written correspondence of December 2020, the Veteran, through counsel, withdrew his appeal for entitlement to a disability rating in excess of 70 percent for PTSD from June 10, 2008.  Withdrawal of this issue was explicit, unambiguous, and made with full understanding of the consequences of such action.  See Acree v. O’Rourke, 891 F. 3d 1009 (Fed. Cir. 2018).

Accordingly, the Board does not have jurisdiction to review the appeal for entitlement to a disability rating in excess of 70 percent for PTSD from June 10, 2008, and the appeal of this matter is dismissed.

 

 

J.W. FRANCIS

Veterans Law Judge

Board of Veterans’ Appeals

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 This decision is not precedential and does not establish VA policies or interpretations of general applicability.  38 C.F.R. § 20.1303.