Citation Nr: 21069102 Decision Date: 11/17/21 Archive Date: 11/17/21 DOCKET NO. 18-49 567 DATE: November 17, 2021 ORDER As the claim is withdrawn, the issue of entitlement to a rating in excess of 70 percent for posttraumatic stress disorder (PTSD) prior to March 12, 2019 is dismissed. FINDING OF FACT On October 28, 2021, prior to the promulgation of a decision in the appeal, the Board received written notification from the Veteran that a withdrawal is requested as to the issue of entitlement to a rating in excess of 70 percent for his PTSD prior to March 12, 2019. CONCLUSION OF LAW The criteria for withdrawal by the Veteran of the claim for entitlement to a rating in excess of 70 percent for PTSD prior to March 12, 2019 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 Army from August 1968 to August 1970 and from December 1996 to September 1997. This matter comes before the Board of Veterans' Appeals (Board) on appeal from a June 2017 rating decision of a Department of Veterans Affairs (VA) Regional Office (RO). During the pendency of the appeal, in a June 2019 rating decision, the agency of original jurisdiction (AOJ) increased the rating for PTSD to 100 percent effective March 12, 2019. In addition, the Veteran was found to be permanently and totally disabled from March 12, 2019. VA notified the Veteran, and his representative, of the award in a letter dated June 26, 2019. The Board notes that The American Legion has represented the Veteran throughout the period on appeal. Finally, in his substantive appeal (VA Form 9) received in October 2018, the Veteran requested a videoconference hearing before a Veterans Law Judge (VLJ). However, in his October 2021 request to withdraw his appeal, he additionally withdrew his hearing request. Accordingly, the Board hearing request is also considered withdrawn. 38 C.F.R. § 20.704(e). Entitlement to a rating in excess of 70 percent for PTSD prior to March 12, 2019, is dismissed. 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 An appeal may be withdrawn as to any or all issues involved in the appeal at any time before the Board promulgates a decision. 38 C.F.R. § 19.55.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 appellant or by his or her authorized representative. Id. A written withdrawal must be in writing and include (1) the name of the Veteran or the name of the claimant or appellant if other than the Veteran, (2) the applicable VA file number, and (3) a statement that the appeal is withdrawn. 38 C.F.R. § 19.55(b)(1). 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. In the present case, in a written statement received by VA on October 28, 2021, the Veteran requested to withdraw his appeal regarding the issue of entitlement to a higher rating for his service-connected PTSD. He also requested that his Board hearing, scheduled for November 15, 2021, be withdrawn. See VA 21-4138 Statement in Support of Claim (October 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). The Veteran's October 2021 statement in which he requested his appeal be withdrawn is the most recent document associated with the claims file. The withdrawal request included the Veteran's name, the applicable VA file number, and the signature of the Veteran. In addition, the Veteran clearly and unambiguously stated that the withdrawal request was specifically related to the appeal for the issue of entitlement to a higher rating for PTSD. He also indicated that during the appeal period, he had been awarded a statutory 100 percent permanent and total rating for PTSD. As noted above, VA sent the Veteran, and his representative, an award letter in June 2019 notifying him that his PTSD rating had been increased from 70 percent to 100 percent, and, the letter specified the effective date of the increased rating. The award letter also included a table containing the Veteran's combined rating evaluations, and their corresponding effective dates, starting from the date service connection was first established for his claimed disabilities. Moreover, a copy of the June 2019 rating decision was attached to the award letter. Lastly, at the conclusion of the Veteran's October 2021 written correspondence, he reiterated his request that his hearing and his appeal be cancelled. Hence, there remain no allegations of errors of fact or law for appellate consideration. Accordingly, the Board does not have jurisdiction to review this issue and it is dismissed. C.A. SKOW Veterans Law Judge Board of Veterans' Appeals Attorney for the Board S. Krunic, 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.