Citation Nr: 21061998
Decision Date: 10/06/21	Archive Date: 10/06/21

DOCKET NO. 17-22 551A
DATE: October 6, 2021

ORDER

Entitlement to a rating in excess of 70 percent for the service-connected posttraumatic stress disorder (PTSD) prior to December 30, 2018 is dismissed. 

Entitlement to a total disability rating based on individual unemployability due to service-connected disabilities (TDIU) is dismissed.

FINDING OF FACT

In a March 2019 Appeals Satisfaction Notice, the Veteran expressed satisfaction with his entire appeal following receipt of a rating decision dated earlier that month that granted, in pertinent part, a total schedular evaluation for his service-connected PTSD from December 20, 2018; he thus requested to withdraw his appeal for a TDIU and for rating in excess of 70 percent for his service-connected PTSD prior to December 20, 2018. 

CONCLUSIONS OF LAW

1. The criteria for withdrawal of the issue of entitlement to a rating in excess of 70 percent for the service-connected PTSD prior to December 20, 2018 have been met. 38 U.S.C. § 7105; 38 C.F.R. § 19.55.

2. The criteria for withdrawal of the issue of entitlement to a TDIU have been met. 38 U.S.C. § 7105; 38 C.F.R. § 19.55.

REASONS AND BASES FOR FINDING AND CONCLUSIONS

The Veteran had active service from August 1966 to September 1971. 

This matter comes to the Board of Veterans' Appeals (Board) on appeal from 2016 rating decisions by a Department of Veterans Affairs (VA) Regional Office (RO). The Veteran requested a videoconference hearing on his May 2017 substantive appeal (VA Form 9). Due to the COVID-19 pandemic and resulting closures, he was scheduled for a tele-hearing in August 2021 but did not appear. He has not asked that his hearing be rescheduled and has not provided an explanation for his non-attendance for his scheduled hearing. As such and in light of the subsequent withdrawal of his entire appeal, his hearing request is considered withdrawn.

Increased Rating  PTSD 

TDIU

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. Except for appeals withdrawn on the record at the time of a hearing, appeal withdrawals must be in writing. 38 C.F.R. § 20.205. An appeal may be withdrawn as to any or all issues involved in the appeal at any time before the Board promulgates a decision. Id. Withdrawal may be made by the appellant or by his or her authorized representative. Id.

In a March 2019 Appeals Satisfaction Notice, the Veteran stated that he had received notice regarding the rating decision dated earlier that month that, in pertinent part, awarded a total schedular evaluation for his service-connected PTSD from December 20, 2018 and that, as he is satisfied with that determination, he wishes to withdraw his entire appeal. Significantly, the Veteran specifically expressed his desire to withdraw all the remaining issues contained in the recently received Supplemental Statement of the Case (SSOC). The issues that remained on appeal were that of entitlement to a rating in excess of 70 percent for the service-connected PTSD prior to December 20, 2018 and entitlement to a TDIU. See March 2019 Correspondence (Appeals Satisfaction Notice). 

Accordingly, the Board finds that the Veteran has knowingly withdrawn the issues remaining on appeal.  The Board, therefore, no longer has jurisdiction to review such issues. There remains no allegation of errors of fact or law for appellate consideration. Accordingly, the appeal is dismissed. 

 

 

THERESA M. CATINO

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	J. R. Bobb, 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.