Citation Nr: 21073513
Decision Date: 12/08/21	Archive Date: 12/08/21

DOCKET NO. 17-20 539
DATE: December 8, 2021

ORDER

Entitlement to an initial rating in excess of 30 percent for posttraumatic stress disorder (PTSD) is dismissed.

FINDING OF FACT

On October 22, 2021, prior to the promulgation of a decision in the appeal, VA received notification from the appellant, through his authorized representative, that a withdrawal of this appeal is requested.

CONCLUSION OF LAW

The criteria for dismissal of the appeal for entitlement to an initial rating in excess of 30 percent for PTSD 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 August 1990 to July 2012.  

This matter is on appeal before the Board of Veterans Appeals (Board) from a September 2015 rating decision of a Department of Veterans Affairs (VA) Regional Office (RO).

On the September 2017 Form 9, a Board hearing was requested.  That hearing was scheduled to take place on October 29, 2021.  However, in earlier October 2021 correspondence, the Veteran's attorney formally notified the Board that the Veteran's hearing request was withdrawn.   

Entitlement to an initial rating in excess of 30 percent for posttraumatic stress disorder.  

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  An appeal may be withdrawn as to any or all issues involved in the appeal at any time before the Board promulgates a decision.  38 C.F.R. § 19.55.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 October 2021 correspondence, the Veteran's attorney notified VA in writing that the appellant was withdrawing the issue on appeal.  See October 22, 2021 letter from the attorney concerning the withdrawal.  Thus, the appellant, through his authorized representative, has withdrawn this appeal and hence, there remain no allegations of errors of fact or law for appellate consideration.  Accordingly, the Board does not have jurisdiction to review the appeal and it is dismissed.

 

 

S. HENEKS

Veterans Law Judge

Board of Veterans' Appeals

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 This decision is not precedential and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.