Citation Nr: 21069626
Decision Date: 11/19/21	Archive Date: 11/19/21

DOCKET NO. 19-18 652
DATE: November 19, 2021

ORDER

The appeal seeking increases in the staged (10 percent before April 18, 2018 and 30 percent from that date) ratings for posttraumatic stress disorder (PTSD) is dismissed.

The appeal seeking entitlement to a rating in excess of 10 percent for right (dominant) carpal tunnel syndrome is dismissed.  

The appeal seeking entitlement to a rating in excess of 10 percent for left (non-dominant) carpal tunnel syndrome is dismissed.  

FINDING OF FACT

Prior to the promulgation of a decision in the appeal, the Board received written notification from the Veteran in November 2021 that he desired to withdraw his appeal.  

CONCLUSION OF LAW

Regarding the claims seeking increases in the ratings for PTSD (prior to and from April 18, 2018), right carpal tunnel syndrome, and left carpal tunnel syndrome, the criteria for withdrawal of an 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

The appellant is a Veteran who served on active duty from September 1993 to February 2016.  This case comes to the Board of Veterans' Appeals (Board) on appeal from November 2018 (carpal tunnel syndrome) and December 2018 (PTSD) rating decisions of a Department of Veterans Affairs (VA) agency of original jurisdiction (AOJ).  

A September 2020 Board decision, in pertinent part, denied the claims, and the Veteran appealed the decision as to those claims to the United States Court of Appeals for Veterans Claims (CAVC).  [Notably, the Board also remanded numerous other issues to the AOJ, which has not certified them to the Board for further appellate consideration and thus currently still has jurisdiction over them.]  

A July 2021 CAVC Order granted a June 2021 Joint Motion for Partial Remand (JMPR) of the parties, thereby vacating the Board's decision as to the PTSD and carpal tunnel syndrome issues and remanding the matters to the Board for action consistent with the terms of the JMPR.  

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  An appeal may be withdrawn as to any or all issues involved in the appeal at any time before the Board promulgates a decision.  38 C.F.R. § 19.55.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 authorized representative.  38 C.F.R. § 19.55.  

Here, the Veteran sent a written statement, dated in October 2021 and received by the VA in November 2021, indicating that he desired to withdraw his appeal.  Specifically, he stated unequivocally that he was withdrawing "all pending claims & appeals."  

Hence, there remain no allegations of errors of fact or law for appellate consideration in the matters that pertain to higher ratings for PTSD (prior to and from April 18, 2018), right carpal tunnel syndrome, and left carpal tunnel syndrome.  

Accordingly, the Board does not have jurisdiction to review the appeal in these matters, and the appeal is dismissed.

 

 

George R. Senyk

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	Debbie Breitbeil, 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.