Citation Nr: 21069350
Decision Date: 11/18/21	Archive Date: 11/18/21

DOCKET NO. 18-39 081
DATE: November 18, 2021

ORDER

The appeal of entitlement to a disability rating in excess of 70 percent for posttraumatic stress disorder (PTSD) is dismissed.

The appeal of entitlement to service connection for tremors is dismissed.

FINDING OF FACT

In October 2021, prior to the promulgation of a decision in the appeal, the Veteran requested to withdraw all issues on appeal. 

CONCLUSION OF LAW

The criteria for withdrawal of the appeal by the Veteran have been met.  38 U.S.C. § 7105; 38 C.F.R. § 19.55.

REASONS AND BASES FOR FINDING AND CONCLUSION

At the outset the Board acknowledges that in the February 2018 notice of disagreement the Veteran listed the issue of "service connection for Agent Orange exposure" as a claim he wanted to appeal.  However, as the Regional Office explained in the October 2017 rating decision that is not a proper claim as exposure itself is not a disability.  As a result, the May 2018 statement of the case did not reference that issue and therefore it was not appealed and is not before the Board.  

Withdrawal

Under 38 U.S.C. § 7105, the Board may dismiss any appeal which fails to allege specific error of fact or law in the determination being appealed.  A Substantive Appeal may be withdrawn in writing at any time before the Board promulgates a decision.  38 C.F.R. § 20.202, 20.204, 20.205.  Withdrawal may be made by the Veteran or by his or her authorized representative.  38 C.F.R. § 19.55.

The Veteran submitted written notification to VA in October 2021, requesting a withdrawal of all issues on appeal.  See October 19, 2021 correspondence. Hence, there remain no allegations of error of fact or law for appellate consideration.

Accordingly, the Board does not have jurisdiction to review the issues on appeal, and they are dismissed. 

 

 

H.M. WALKER

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	T. Talamantes, 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 This decision is not precedential and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.