Citation Nr: 21062379
Decision Date: 10/07/21	Archive Date: 10/07/21

DOCKET NO. 09-16 747
DATE: October 7, 2021

ORDER

The appeal as to the issue of entitlement to an initial disability rating in excess of 50 percent prior to May 21, 2021, and in excess of 70 percent thereafter, for posttraumatic stress disorder (PTSD) with history of alcohol dependence, as well as the issue of entitlement to a total disability rating based upon individual unemployability (TDIU) due to service-connected disabilities are dismissed.

FINDING OF FACT

In a correspondence received on September 18, 2021, the Veteran indicated his intent to withdraw from appeal the issues of entitlement to an initial disability rating in excess of 50 percent prior to May 21, 2021, and in excess of 70 percent thereafter, for PTSD with history of alcohol dependence, as well as the issue of entitlement to a TDIU.

CONCLUSION OF LAW

1. The criteria for withdrawal of the issue of entitlement to an initial disability rating in excess of 50 percent prior to May 21, 2021, and in excess of 70 percent thereafter, for PTSD with history of alcohol dependence 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 CONCLUSION

The Veteran served on active duty from December 1968 to June 1970.

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 An appeal may be withdrawn as to any or all issues involved in the appeal at any time before the Board promulgates a decision. Withdrawal may be made by the Veteran or by his authorized representative. 38 C.F.R. § 19.55.

Following an August 2021 supplemental statement of the case, VA received a signed statement from the Veteran on September 18, 2021, titled "Appeals Satisfaction Notice," and it reads as follows:

Based on the decision rendered, I am satisfied and wish to withdraw all remaining issues associated with this appeal. By signing and submitting this form, I am asking to withdraw all remaining issue(s) contained in my recent Statement of the Case (SOC)/Supplemental Statement of the Case (SSOC) and ask the regional office of jurisdiction to discontinue further development actions associated with this appeal.

(Continued on Next Page)

The Board finds that the Veteran's withdrawal was unambiguous.  The Veteran's intent to withdraw this appeal was further confirmed by his representative in a September 29, 2021 Appellate Brief Presentation.  

Thus, the Veteran has withdrawn this appeal and, there remain no allegations of errors of fact or law for appellate consideration. Accordingly, the Board does not have jurisdiction to review the appeal and it is dismissed.

 

 

V. Chiappetta

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	James R. Springer, 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.