Citation Nr: A21020239
Decision Date: 12/17/21	Archive Date: 12/17/21

DOCKET NO. 210312-146426
DATE: December 17, 2021

ORDER

The appeal as to the claim of entitlement to an initial rating in excess of 70 percent for posttraumatic stress disorder (PTSD) has been withdrawn.

FINDING OF FACT

In a written correspondence received by the VA in November 2021, prior to the promulgation of a decision in the appeal, the Veteran had expressed his desire to withdraw his appeal with respect to his claim of entitlement to an initial rating in excess of 70 percent for PTSD.

CONCLUSION OF LAW

The criteria for withdrawal of appeal by the Veteran regarding his clam of entitlement to an initial rating in excess of 70 percent for PTSD have been met.  38 U.S.C. § 7105; 38 C.F.R. § 20.205.

REASONS AND BASES FOR FINDING AND CONCLUSION

The Veteran served on active duty in the U.S. Marine Corps from January 1990 to July 1992.

This matter comes before the Board of Veterans' Appeals (Board) on appeal from a February 2021 rating decision by a Department of Veterans Affairs (VA) regional office (RO).  The Veteran timely appealed the rating decision by submitting a VA Form 10182 in March 2021 and requested the evidence docket, which allows the submission of additional evidence within 90-days of the filing of a notice of disagreement pursuant to the Veterans Appeals Improvement Modernization Act of 2017 (AMA).  38 C.F.R. § 20.303 (2019).  Therefore, the Board will consider the evidence of record as of the date of the February 10, 2021 AMA rating decision, as well as between March 12, 2021 and June 12, 2021.  Id.

Withdrawal and 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  An appeal may be withdrawn as to any or all issues involved in the appeal at any time before the Board promulgates a decision.  38 C.F.R. § 20.205.  Withdrawal may be made by the Veteran or by his or her authorized representative.  Id. 

Here, in a November 2021 written correspondence, prior to the promulgation of a Board decision in the appeal, the Veteran, through his attorney, had expressed his intention to withdraw his appeal with respect to his claim of entitlement to an initial rating in excess of 70 percent for PTSD.  Accordingly, the Board finds that the appeal with respect to this issue has been withdrawn.  See Hembree v. Wilkie, 33 Vet. App. 1 (2020).

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As there are no allegations of errors of fact or law for appellate consideration at this time, the Board does not have jurisdiction to review the appeal, and the claim of entitlement to an initial rating in excess of 70 percent for PTSD is dismissed.

 

A. S. CARACCIOLO

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	T. L. Park, 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.