Citation Nr: 21064580
Decision Date: 10/20/21	Archive Date: 10/20/21

DOCKET NO. 16-38 280
DATE: October 20, 2021

ORDER

As the claim is withdrawn, the appeal of entitlement to a rating in excess of 70 percent prior to August 7, 2021, for posttraumatic stress disorder (PTSD) is dismissed.

FINDING OF FACT

In a September 2021 written statement, prior to the promulgation of a decision in the appeal, the Veteran requested a withdrawal of the issue of entitlement to an increased rating for PTSD.

CONCLUSION OF LAW

The criteria for withdrawal of the issue of entitlement to an increased rating for PTSD by the appellant are met.  38 U.S.C. § 7105; 38 C.F.R. § 19.55.

REASONS AND BASES FOR FINDING AND CONCLUSION

The Veteran had active duty from December 1967 to November 1969.

This matter comes before the Board of Veteran's Appeals (Board) on appeal of a July 2014 rating decision by a Department of Veterans Affairs (VA) Regional Office (RO). A June 2021 Board decision remanded the issue of entitlement to a rating in excess of 70 percent for PTSD with alcohol use disorder. It was noted that the appellant has been in receipt of a 100 percent VA disability rating from October 25, 2014, based on individual unemployability due to service-connected disability. During remand status, an August 2021 rating decision granted a 100 percent rating for PTSD from August 7, 2021, and entitlement to special monthly compensation based on housebound criteria from August 7, 2021. The appellant was notified of this decision. Next, VA received in September 2021 from the appellant notice of satisfaction with the appeal, also known as an Appeal Satisfaction Notice. See Correspondence (September 2021).

Withdrawal of Claims

The Board may dismiss any appeal which fails to allege specific error of fact or law in the determination being appealed.  38 C.F.R. § 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  An appeal may be withdrawn as to any or all issues involved in the appeal at any time before the Board promulgates a decision by the appellant or by his or her authorized representative.  38 C.F.R. § 19.55(a).  The withdrawal should be filed with the Board and must include the name of the veteran, the applicable VA file number, and a statement that the appeal is withdrawn.  If the appeal involves multiple issues, the withdrawal must specify that the appeal is withdrawn in its entirety or list the issue(s) withdrawn from the appeal. 38 C.F.R. § 19.55(b)(1).  Withdrawals are effective when received by the Board if a decision has not been promulgated. 38 C.F.R. § 19.55(b)(3).  Withdrawal of an appeal will be deemed a withdrawal of the Notice of Disagreement as to all issues to which the withdrawal applies. 38 C.F.R. § 19.55(c). 

In the present case, in a September 2021 written statement, received prior to a decision by the Board, the Veteran submitted an Appeals Satisfaction Notice explicitly withdrawing all remaining issues associated with this appeal.  See Correspondence (September 2021) See also, Hembree v. Wilkie, 33. Vet. App. 1 (2020) (holding that a withdrawal that fully complies with the requirements of the regulation is effective when received). Specifically, the Veteran indicated he wished to "withdraw all remaining issues associated with this appeal" based on the recent decision to grant one or more of the issues on appeal. The request included the Veteran's name, his VA claim number, his social security number, and specified that the appeal was withdrawn in its entirety. Hence, there remain no allegations of errors of fact or law for appellate consideration.

Accordingly, the appeal is dismissed.

 

 

C.A. SKOW

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	C. Edwards

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.