Citation Nr: 21066808
Decision Date: 11/02/21	Archive Date: 11/02/21

DOCKET NO. 18-19 081A
DATE: November 2, 2021

ORDER

Entitlement to an initial rating in excess of 30 percent for posttraumatic stress disorder (PTSD) is dismissed.

FINDING OF FACT

In October 2021, prior to promulgation of a Board decision in the matter of entitlement to an initial rating in excess of 30 percent for PTSD, the Veteran requested that his appeal in this matter be withdrawn; there are no questions of fact or law in this matter remaining for the Board to consider. 

CONCLUSION OF LAW

The criteria for withdrawal of the appeal for entitlement to an initial rating in excess of 30 percent for PTSD are 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 October 2007 to June 2011.

 

This matter is before the Board of Veterans' Appeals (Board) on appeal from an April 2017 rating decision of a Department of Veterans Affairs (VA) Regional Office (RO).

In the Veteran's April 2018 VA Form 9, Appeal to Board of Veterans' Appeals, the Veteran requested to appear at a hearing before the Board. However, in correspondence received in October 2021, the hearing request was withdrawn.

Withdrawal of the appeal for entitlement to an initial rating in excess of 30 percent for PTSD. 

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 An appeal may be withdrawn as to any or all issues involved in the appeal at any time before the Board promulgates a decision. 38 C.F.R. § 19.55. Withdrawal may be made by the Veteran or by his authorized representative. Except for appeals withdrawn on the record at hearings, the withdrawal must be in writing. 38 C.F.R. § 19.55.

In October 2021, the Veteran's representative submitted a written statement that the Veteran wished to withdraw the appeal for his PTSD claim. As the Veteran has withdrawn the appeal of the issue in accordance with 38 C.F.R. § 19.55, there remains no allegation of error of fact or law for the Board to address. 

Accordingly, the Board does not have jurisdiction to review the appeal and the appeal must be dismissed.

 

 

M. SORISIO

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	S. Jiggetts

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 This decision is not precedential and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.