Citation Nr: 21076638
Decision Date: 12/27/21	Archive Date: 12/27/21

DOCKET NO. 15-01 782
DATE: December 27, 2021

ORDER

Entitlement to a rating in excess of 50 percent prior to January 11, 2018, for post-traumatic stress disorder (PTSD) with parasomnia is dismissed. 

Entitlement to a total disability rating based on individual unemployability (TDIU) is dismissed.

FINDING OF FACT

The Veteran submitted correspondence dated December 9, 2021, withdrawing his claim of entitlement to a rating in excess of 50 percent prior to January 11, 2018 for PTSD and entitlement to a TDIU.

CONCLUSION OF LAW

1. The criteria for withdrawal of entitlement to a rating in excess of 50 percent prior to January 11, 2018 for PTSD by the appellant have been met. 38 U.S.C. § 7105; 38 C.F.R. § 19.55.

2. The criteria for withdrawal of entitlement to a TDIU by the appellant 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 in the United States Army from April 1968 to April 1970. This matter comes before the Board of Veterans' Appeals (Board) on appeal from a November 2018 rating decision issued by the Department of Veteran Affairs (VA) Regional Office (RO). In December 2017, the Veteran testified at a hearing before the undersigned Veterans Law Judge. A transcript of the hearing is associated with the record.

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 An appeal may be withdrawn as to any or all issues involved in the appeal at any time before the Board promulgates a decision. 38 C.F.R. § 19.55.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  In the present case, the appellant has withdrawn his claims of entitlement to a rating in excess of 50 percent prior to January 11, 2018 for PTSD and entitlement to a TDIU and, hence, there remain no allegations of errors of fact or law for appellate consideration. See December 2021 Statement. Accordingly, the Board does not have jurisdiction to review the appeal and it is dismissed.

 

 

MICHAEL MARTIN

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	T. Harris, Attorney Advisor

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 This decision is not precedential and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.