Citation Nr: 21073940
Decision Date: 12/13/21	Archive Date: 12/13/21

DOCKET NO. 16-63 762
DATE: December 13, 2021

ORDER

Entitlement to a disability rating in excess of 70 percent for service-connected posttraumatic stress disorder (PTSD) and major depressive disorder with anxiety is dismissed. 

FINDING OF FACT

In a November 2021 statement that contains the Veteran's name and claim number, he clearly expressed his wish to withdraw his claim on appeal. 

CONCLUSION OF LAW

The criteria for withdrawal of an appeal have been met with respect to the claim for entitlement to a disability rating in excess of 70 percent for service-connected PTSD and major depressive disorder with anxiety. 38 U.S.C. § 7105(b)(2), (d)(5); 38 C.F.R. § 20.204.

REASONS AND BASES FOR FINDING AND CONCLUSION

The Veteran served on active duty from July 1972 to November 1976. 

This matter come before the Board of Veterans' Appeals (Board) on appeal from a July 2019 rating decision of the Department of Veterans Affairs (VA) Regional Office (RO).  

Appeal withdrawals must be in writing, must include the name of the claimant, the applicable claim number, and a statement that the appeal is being withdrawn, and must be received by the Board prior to issuance of a decision on the claim or claims being withdrawn. 38 C.F.R. § 20.204(b). 

A November 2021 written statement from the Veteran's representative which contains his name and claim number states his intention to withdraw his appeal for entitlement to a disability rating in excess of 70 percent for service-connected PTSD and major depressive disorder with anxiety. See November 2021 Third Party Correspondence. The Board finds that this statement clearly expresses his wish to withdraw his appeal of the issue currently on appeal before the Board, as listed above. The Veteran's withdrawal was received prior to a decision by the Board on this issue. Accordingly, the criteria for withdrawal of an appeal are satisfied. 

When a pending appeal is withdrawn, there is no longer an allegation of error of fact or law with respect to the determination that was appealed. Thus, dismissal of the appeal is appropriate. See 38 U.S.C. § 7105(d). Accordingly, the claim for entitlement to a disability rating in excess of 70 percent for service-connected PTSD and major depressive disorder with anxiety is dismissed.  

 

P.M. DILORENZO

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	T. Mohammad

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.