Citation Nr: 21004347
Decision Date: 01/26/21	Archive Date: 01/26/21

DOCKET NO. 16-16 198
DATE: January 26, 2021

ORDER

Entitlement to a rating in excess of 50 percent prior to May 20, 2016, for posttraumatic stress disorder (PTSD) is dismissed.

FINDING OF FACT

Prior to the promulgation of a decision in the appeal, in November 2020, the Veteran submitted a written request to withdraw the appeal of entitlement to a rating in excess of 50 percent prior to May 20, 2016, for PTSD; this claim had already been granted in full an August 2020 rating decision, in any event.  

CONCLUSION OF LAW

The criteria for withdrawal of the appeal of entitlement to a rating in excess of 50 percent prior to May 20, 2016, for PTSD, have been met; separately, the claim is moot.  38 U.S.C. § 7105(b)(2), (d)(5); 38 C.F.R. § 20.204. 

REASONS AND BASES FOR FINDING AND CONCLUSION

The appellant is a Veteran who served on active duty from May 1970 to January 1972.

This matter comes before the Board of Veterans’ Appeals (Board) on appeal from a December 2014 rating decision of a Department of Veterans Affairs (VA) Regional Office (RO).  

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  An appeal may be withdrawn as to any or all issues involved in the appeal at any time before the Board promulgates a decision.  38 C.F.R. § 20.204.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

In the present case, the Veteran has withdrawn the appeal of entitlement to a rating in excess of 50 percent prior to May 20, 2016, for PTSD, by written statement submitted in November 2020.  Therefore, there remain no allegations of errors of fact or law for appellate consideration regarding this issue.  The Board separately notes that this claim was also granted in full in an August 2020 rating decision, rendering it moot.  Accordingly, the Board does not have jurisdiction to review this issue, and it is dismissed.

 

 

A. C. MACKENZIE

Veterans Law Judge

Board of Veterans’ Appeals

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 This decision is not precedential and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.