Citation Nr: 21006358 Decision Date: 02/03/21 Archive Date: 02/03/21 DOCKET NO. 17-49 679 DATE: February 3, 2021 ORDER Entitlement to an initial rating in excess of 30 percent prior to August 1, 2013, in excess of 50 percent from January 26, 2018 to March 18, 2018, and in excess of 70 percent thereafter, is dismissed. FINDING OF FACT In January 2021, prior to promulgation of a decision in the appeal, the Veteran, through his authorized representative, notified VA that he wished to withdraw his appeal. CONCLUSION OF LAW The criteria for withdrawal of an appeal 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 1987 to August 26, 1991. This case comes to the Board of Veterans’ Appeals (Board) on appeal from a March 2016 rating decision by a Department of Veterans Affairs (VA) Regional Office (RO), which granted service connection for anxiety disorder, not otherwise specified (mixed anxiety-depressive disorder);claimed as anxiety, depression, and posttraumatic stress disorder (PTSD), and assigned a 30 percent rating effective October 2, 2012. An evaluation of 100 percent was assigned because of hospitalization over 21 days from May 29, 2013. An evaluation of 30 percent was assigned from August 1, 2013. The Veteran disagreed with the RO’s determination, and a Statement of the Case (SOC) was issued in September 2017 addressing the matter. The Veteran timely appealed. In a February 2018 rating decision, the RO recharacterized the claim for anxiety disorder, not otherwise specified (mixed anxiety-depressive disorder); claimed as anxiety, depression, and PTSD, to the claim of PTSD and increased the rating to 50 percent effective January 26, 2018. In a May 2018 rating decision, the RO increased the rating for PTSD to 70 percent effective March 19, 2018. The RO also granted entitlement to a total rating based on individual unemployability due to service-connected disabilities (TDIU) effective March 19, 2018. Although a higher rating has been granted for PTSD, the issue remains in appellate status, as the maximum available benefit has not been assigned from the effective date of the award of service connection. AB v. Brown, 6 Vet. App. 35, 38 (1993). Withdrawal of Appeal 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 An appeal may be withdrawn as to any or all issues involved in the appeal. 38 C.F.R. § 19.55(a). Withdrawal may be made by the appellant or by his or her authorized representative. Id. In the present case, the issue on appeal is entitlement to an initial rating in excess of 30 percent prior to August 1, 2013, in excess of 50 percent from January 26, 2018 to March 18, 2018, and in excess of 70 percent thereafter. In a January 2021 written statement, the Veteran through his representative indicated that he wanted to withdraw his appeal in its entirety. The representative requested the withdrawal of all appeals pending before the BVA at this time. This statement constitutes a valid withdrawal of the Veteran’s appeal as it complied with the requirement of the applicable regulation by including the name of the Veteran, the applicable VA file number and a statement that the appeal was withdrawn. See Hembree v. Wilkie, __ Vet. App. __, No. 18-3865 (Aug. 31, 2020) (written withdrawals need only comply with 38 C.F.R. § 20.204(b), now 38 C.F.R. § 19.55(b)). Under these circumstances, the matter is no longer within the Board’s jurisdiction and must be dismissed. Jonathan Hager Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board R. Walker, 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.