Citation Nr: 21069546
Decision Date: 11/18/21	Archive Date: 11/18/21

DOCKET NO. 18-38 385
DATE: November 18, 2021

ORDER

Whether the reduction in the disability rating for posttraumatic stress disorder (PTSD) with alcohol use disorder from 70 percent to 50 percent, from May 1, 2017, was proper, is dismissed.

FINDING OF FACT

In October 2021, prior to the promulgation of a decision in the appeal, the Veteran withdrew from appeal the issue of whether the reduction in the disability rating for PTSD with alcohol use disorder from 70 percent to 50 percent, from May 1, 2017, was proper.

CONCLUSION OF LAW

The criteria for withdrawal of an appeal by the Veteran, as to the issue of whether the reduction in the disability rating for PTSD with alcohol use disorder from 70 percent to 50 percent, from May 1, 2017, was proper, are met. 38 U.S.C. § 7105 (d); 38 C.F.R. § 19.55.

REASONS AND BASES FOR FINDING AND CONCLUSION

The Veteran served on active duty from February 1966 to February 1969. 

This matter comes before the Board of Veterans' Appeals (Board) from a February 2017 rating decision, in which the agency of original jurisdiction (AOJ) reduced the disability rating for PTSD with alcohol use disorder from 70 percent to 50 percent, from May 1, 2017.

Withdrawal of Appeal

The Board may dismiss any appeal which fails to identify the specific determination with which the claimant disagrees. 38 U.S.C. § 7105 (d). An appeal may be withdrawn as to any or all issues involved in the appeal at any time before the Board promulgates a decision. 38 C.F.R. § 19.55. Appeal withdrawals must include the name of the veteran, the applicable Department of Veterans Affairs file number, and a statement that the appeal is withdrawn. If the appeal involves multiple issues, the withdrawal must specify that the appeal is withdrawn in its entirety, or list the issue(s) withdrawn from the appeal.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. 

In the present case, in October 2021, the Veteran contacted the AOJ by telephone and indicated that he wished to withdraw his Board appeal. This request was transcribed on a "Report of General Information" form (VA Form 27-0820). This written statement documenting the Veteran's request constitutes a valid withdrawal of his appeal with respect to the issue of whether the reduction in the disability rating for PTSD with alcohol use disorder from 70 percent to 50 percent was proper, as the VA Form 27-0820 complies with the requirement of the applicable regulation by including the name of the Veteran, the applicable VA file number, and a statement that the appeal is withdrawn. See Hembree v. Wilkie, 33 Vet. App. 1, 8 (2020) (written withdrawals need only comply with 38 C.F.R. § 20.204 (b), renumbered as 38 C.F.R. § 19.55(b)). Moreover, while appeal withdrawals must be in writing (except for appeals withdrawn on the record at a hearing), the Veteran's statement indicating his intent to withdraw his appeal, transcribed in writing on the VA Form 27-0820, satisfies the requirements for the withdrawal of a substantive appeal. Tomlin v. Brown, 5 Vet. App. 355 (1993); 38 C.F.R. § 19.55 (b).

As the Veteran has withdrawn the issue on appeal, there remains no specific determination with which the claimant disagrees. Thus, pursuant to the applicable statute, the Board will dismiss the appeal.  38 U.S.C. § 7105(d).

 

 

Jonathan Hager

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	B. Elwood, 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.