Citation Nr: 21071784
Decision Date: 12/01/21	Archive Date: 12/01/21

DOCKET NO. 17-35 381
DATE: December 1, 2021

ORDER

Entitlement to an increased rating for posttraumatic stress disorder (PTSD) is dismissed.

FINDING OF FACT

In February 2021, prior to the promulgation of a decision in the appeal, VA received written notification from the Veteran requesting to withdraw his appeal for an increased rating for PTSD.

CONCLUSION OF LAW

The criteria for withdrawal of the appeal 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 from June 1992 to April 1996, June 2006 to May 2007, and March 2010 to April 2011.

Dismissal

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 An appeal may be withdrawn as to any or all issues involved in the appeal at any time before the Board promulgates a decision. 38 C.F.R. § 19.55.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

In February 2021, prior to the promulgation of a decision in the appeal, VA received a statement from the Veteran that he was satisfied with the VA decision granting him 70 percent for PTSD and requested to withdraw his appeal for a higher rating. The Board finds the Veteran's written withdrawal is valid. 38 C.F.R. §§ 19.55(b)(1). Accordingly, the Board does not have jurisdiction to review the appeal and it is dismissed.

 

 

KELLI A. KORDICH

Veterans Law Judge

Board of Veterans' Appeals

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 This decision is not precedential and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.