Citation Nr: 21077152 Decision Date: 12/28/21 Archive Date: 12/28/21 DOCKET NO. 15-35 478 DATE: December 28, 2021 ORDER The appeal for entitlement to an initial evaluation in excess of 70 percent for posttraumatic stress disorder (PTSD) with traumatic brain injury (TBI) has been withdrawn and is dismissed. FINDING OF FACT In a May 2020 statement, prior to the promulgation of a decision in the appeal, the Veteran unambiguously withdrew his appeal for entitlement to an initial evaluation in excess of 70 percent for PTSD with TBI. CONCLUSION OF LAW The criteria for withdrawal of the appeal for entitlement to an initial evaluation in excess of 70 percent for PTSD with TBI are met. 38 U.S.C. §§ 7104, 7105(d) (2018); 38 C.F.R. §§ 19.55, 20.205 (2020). REASONS AND BASES FOR FINDING AND CONCLUSION The Veteran served on active duty from January 1998 to January 2002 and from October 2002 to April 2006. This appeal is before the Board of Veterans' Appeals (Board) from a December 2014 rating decision of the Department of Veterans Affairs (VA) Regional Office (RO) in Philadelphia, Pennsylvania. In his July 2016 substantive appeal, the Veteran requested a Board hearing by live videoconference. Before such a hearing could be scheduled, he withdrew his request via an October 2017 statement. In August 2018, the Board issued a decision that denied the Veteran's appeal to reopen claims of service connection for bilateral hearing loss and chronic obstructive pulmonary disease and granted his appeal to reopen claims of service connection for a bilateral knee disability and a lumbosacral spine disability. The Board further remanded the issues of entitlement to an increased rating for PTSD; entitlement to a total disability rating based on individual unemployability as a result of service-connected disabilities (TDIU); and entitlement to service connection for tinnitus, a bilateral knee disability, a lumbosacral spine disability, obstructive sleep apnea, and residuals of a TBI with instruction to provide VA examinations. The Veteran underwent VA examinations in March 2019 and June 2019. Based on this development, a December 2019 rating decision fully granted all remanded issues except for entitlement to an increased rating for PTSD. As such, the granted issues are no longer before the Board. Entitlement to an initial evaluation in excess of 70 percent for PTSD with TBI The Board may dismiss any appeal for which it does not have jurisdiction. 38 U.S.C. §§ 7104, 7105(d). 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, 20.205. Withdrawal may be made by a veteran or by his or her authorized representative. Id. If a written withdrawal includes the name of the appellant and the file number and unambiguously identifies the claims to be withdrawn, then the withdrawal will be considered valid. Hembree v. Wilkie, 33 Vet. App. 1, 7 (2020). In May 2020, prior to the promulgation of a decision in the appeal, the Veteran submitted a written statement that he wished to withdraw his appeal for an increased rating for PTSD with TBI. The Board misfiled this statement as a request for a hearing, which was scheduled for December 2021. Before such a hearing occurred, the Veteran submitted a second statement in November 2021 reiterating his desire to withdraw the issue, stating that he was pleased with the December 2019 grant. The Board finds these statements to unambiguously indicate the Veteran's desire to withdraw his appeal for an increased rating for PTSD with TBI. Withdrawal is therefore valid, and his appeal is dismissed. REBECCA N. POULSON Veterans Law Judge Board of Veterans' Appeals Attorney for the Board J. Gallagher, 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.