Citation Nr: 21064266 Decision Date: 10/19/21 Archive Date: 10/19/21 DOCKET NO. 16-58 960 DATE: October 19, 2021 ORDER Entitlement to a rating in excess of 50 percent for posttraumatic stress disorder (PTSD) prior to February 13, 2012, and in excess of 70 percent from February 13, 2012 to March 15, 2017 is dismissed. Entitlement to a total rating based on individual unemployability due to service-connected disability (TDIU) prior to February 13, 2012, is dismissed. FINDING OF FACT Prior to the promulgation of a decision in the appeal, the Veteran withdrew his appeal of the issues of entitlement to an increased rating for PTSD and a TDIU. CONCLUSIONS OF LAW 1. The criteria for withdrawal of the appeal for the issue of entitlement to a rating in excess of 50 percent for PTSD prior to February 13, 2012, and in excess of 70 percent from February 13, 2012 to March 15, 2017 have been met. 38 U.S.C. § 7105; 38 C.F.R. § 19.55. 2. The criteria for withdrawal of the appeal for the issue of entitlement to a TDIU prior to February 13, 2012 have been met. 38 U.S.C. § 7105; 38 C.F.R. § 19.55. REASONS AND BASES FOR FINDING AND CONCLUSIONS The Veteran served on active duty from February 1966 to June 1969, including service in the Republic of Vietnam. This matter comes to the Board of Veterans' Appeals (Board) on appeal from a September 2011 rating decision of the Department of Veterans Affairs (VA) Regional Office (RO) which denied the Veteran's January 25, 2011, claim for a rating in excess of 50 percent for PTSD. While the appeal was pending, in an October 2016 rating decision, the RO increased the rating for PTSD to 70 percent effective February 13, 2012, the date the RO determined that worsening of the disability has been shown. In a March 2018 rating decision, the RO increased the rating for PTSD to 100 percent effective March 16, 2017, and granted TDIU effective February 13, 2012, based on PTSD alone, the Veteran's sole service-connected disability. The RO also awarded Dependents' Educational Assistance from February 13, 2012. In light of this procedural history, the Board has characterized the issues on appeal as reflected above. 1. Entitlement to a rating in excess of 50 percent for PTSD prior to February 13, 2012, and in excess of 70 percent from February 13, 2012 to March 15, 2017. 2. Entitlement to a total rating based on individual unemployability due to service-connected disability (TDIU) prior to February 13, 2012. 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. § 19.55. In a statement received in May 2018, the Veteran withdrew his appeal as to the issues of entitlement to increased ratings for PTSD and TDIU. The written withdrawal included (1) the name of the Veteran, (2) the applicable VA file number, and (3) a statement that the appeal is withdrawn. Thus, it meets the criteria for a written withdrawal. 38 C.F.R. §§ 19.55(b)(1). In a statement received in October 2021, the Veteran, through his representative, again confirmed that he "does not wish to continue his appeal." The Veteran had a hearing scheduled for October 1, 2021. Instead, his representative submitted a Motion to Dismiss, wherein he withdrew the request for a hearing and again requested withdrawal of the Veteran's appeal, as he indicated "the veteran received his grant of benefits and is satisfied." Again, the written withdrawal included (1) the name of the Veteran, (2) the applicable VA file number, and (3) a statement that the appeal is withdrawn. 38 C.F.R. § 19.55. Hence, there remain no allegations of errors of fact or law for appellate consideration of these issues. Accordingly, the Board does not have jurisdiction to review the appeal of these issues and they are dismissed. K. Conner Veterans Law Judge Board of Veterans' Appeals Attorney for the Board A.N., 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.