Citation Nr: 21006468
Decision Date: 02/04/21	Archive Date: 02/04/21

DOCKET NO. 15-30 410
DATE: February 4, 2021

ORDER

The appeal regarding entitlement to an increased rating for posttraumatic stress disorder (PTSD), currently rated as 70 percent disabling, is dismissed.

FINDING OF FACT

In September 2020, the Veteran submitted a statement indicating his wish to withdraw from appeal the issue of entitlement to a rating higher than 70 percent for PTSD.  

CONCLUSION OF LAW

The criteria for withdrawal of the appeal regarding entitlement to a rating higher than 70 percent for PTSD 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 September 1965 to September 1968.  This matter is before the Board following his appeal of a June 2013 rating decision.  

The Board previously remanded this matter, along with the issue of entitlement to a TDIU, in August 2018.  In an April 2020 rating decision, a 70 percent rating for PTSD was established from November 8, 2010.  A July 2020 rating decision granted entitlement to a TDIU.

As an introductory matter, the Board is cognizant that in a September 2020 statement, the Veteran’s attorney indicated that he was withdrawing representation on behalf of the Veteran, presumably because the Veteran has indicated satisfaction with his appeal (as discussed below).  Nevertheless, no cause was given for the attorney’s withdrawal, and, whereas here, an appeal has already been certified to the Board, pertinent regulations state that a representative may not withdraw services as representative in the appeal unless good cause is shown on motion.  38 C.F.R. § 20.608.  As no motion showing good cause has been submitted for withdrawal of representation, the Board finds that the Veteran’s accredited attorney remains his representative for purposes of this decision only.

Turning to the current 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.  A substantive appeal may be withdrawn in writing at any time before the Board promulgates a decision.  38 C.F.R. §§ 19.22, 19.55.  Withdrawal may be made by the Veteran or by his authorized representative.  38 C.F.R. § 19.55. 

Here, following issuance of a July 2020 rating decision that granted entitlement to a TDIU, and a July 2020 supplemental statement of the case (SSOC) continuing a 70 percent rating for PTSD, the Veteran submitted a September 2020 Appeals Satisfaction Notice indicating that he was satisfied with the recent grant and wished to withdraw from appeal all remaining issues contained in the recent SSOC.  The only remaining issue on appeal, as noted in the July 2020 SSOC, is the issue of entitlement to a rating higher than 70 percent for PTSD.  

As a result, the Veteran has withdrawn his appeal of the issue and, hence, there remain no allegations of errors of fact or law for appellate consideration.  Accordingly, the Board does not have jurisdiction to review the appeal and it is dismissed.  

 

 

S. C. KREMBS

Veterans Law Judge

Board of Veterans’ Appeals

Attorney for the Board	A. Fagan

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.