Citation Nr: 21065114
Decision Date: 10/25/21	Archive Date: 10/25/21

DOCKET NO. 17-22 609
DATE: October 25, 2021

ORDER

The appeal with respect to entitlement to a disability rating in excess of 50 percent for posttraumatic stress disorder, to include a sleep disorder and depression, is dismissed.

The appeal with respect to the timeliness of February 9, 2016 and April 21, 2016 notices of disagreement is dismissed.

FINDING OF FACT

In a written statement received in October 2021, prior to the promulgation of an appellate decision, the Veteran asked that the present appeal be withdrawn.

CONCLUSION OF LAW

The criteria for withdrawal of an appeal by the Veteran or his authorized representative 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 in the United States Marine Corps from November 1968 to November 1970.  His decorations include the Vietnam Service Medal and the Combat Action Ribbon.

This matter comes to the Board of Veterans' Appeals (Board) on appeal from a February 2015 rating decision and a March 2017 determination issued by a Department of Veterans Affairs (VA) Regional Office.  

Dismissal

The Board may dismiss any appeal which fails to allege specific error of fact or law in the determination being appealed.  See 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  An appeal may be withdrawn as to any or all issues involved in the appeal at any time before the Board promulgates a decision.  38 C.F.R. § 19.55.  Only an appellant, or an appellant's authorized representative, may withdraw an appeal.  Id.

Appeal withdrawals must include the name of the veteran, the name of the claimant or appellant if other than the veteran (e.g., a veteran's survivor, a guardian, or a fiduciary appointed to receive VA benefits on an individual's behalf), the applicable VA file number, and a statement that the appeal is withdrawn.  If the appeal involves multiple issues, the withdrawal must specify that the appeal is withdrawn in its entirety or list the issue(s) withdrawn from the appeal.  Id.

By correspondence received in October 2021, prior to the promulgation of an appellate decision, the Veteran indicated that he wished to withdraw the present appeal.  The correspondence included his name and his VA file number.  Under the circumstances, the Board finds that the requirements for a proper withdrawal have been satisfied.

As the Veteran has withdrawn his appeal, there remain no allegations of  

error of fact or law for appellate consideration.  Accordingly, the Board does not have jurisdiction to review the appeal, and the appeal must be dismissed. 

 

DAVID A. BRENNINGMEYER

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	J. Ragheb, 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.