Citation Nr: 21006598
Decision Date: 02/04/21	Archive Date: 02/04/21

DOCKET NO. 17-41 391
DATE: February 4, 2021

ORDER

The appeal as to the claim of entitlement to a disability rating in excess of 50 percent for posttraumatic stress disorder (PTSD) with opioid and alcohol use disorder (excluding the period from November 22, 2016 to January 31, 2017, during which the Veteran was in receipt of a 100 percent rating) is dismissed.

The appeal as to the claim of entitlement to service connection for asthma is dismissed.

The appeal as to the claim of entitlement to service connection for erectile dysfunction (ED) is dismissed.

FINDING OF FACT

In a written statement received in January 2021, prior to the promulgation of a decision in the appeal, the Veteran, through his attorney, expressed his desire to withdraw his appeal regarding his claims of entitlement to an increased rating for PTSD with opioid and alcohol use disorder and entitlement to service connection for asthma and ED.

CONCLUSION OF LAW

The criteria for withdrawal of the appeal regarding the issues of entitlement to an increased rating for PTSD with opioid and alcohol use disorder and entitlement to service connection for asthma and ED by the appellant (or his or her authorized representative) have been met.  38 U.S.C. § 7105(b)(2) (2012); 38 C.F.R. § 20.204 (2019).

REASONS AND BASES FOR FINDING AND CONCLUSION

The Veteran served honorably in the United States Army from November 2005 to March 2009.

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  An appeal may be withdrawn as to any or all issues involved in the appeal at any time before the Board promulgates a decision.  38 C.F.R. § 20.204.  Withdrawal may be made by the Veteran or by his or her authorized representative.  Id.

Here, in January 2021, prior to the promulgation of a Board decision with respect to these matters, the Veteran’s attorney submitted a written statement indicating that the Veteran wished to withdraw his appeal regarding the issues of entitlement to an increased rating for PTSD with opioid and alcohol use disorder and entitlement to service connection for asthma and ED.  The Board finds that the withdrawal satisfies the requirements for a written withdrawal.  38 C.F.R. § 20.205; see also Hembree v. Wilkie, 2020 US. App. Vet. Claims LEXIS 1677 (Aug. 31, 2020) (holding that a written withdrawal request is effective where it includes the name of the veteran/claimant/appellant, the file number, and a statement that the appeal is withdrawn).  Accordingly, the Board finds that the appeal with respect to these claims has been withdrawn.

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 claims are dismissed.

 

 

A. S. CARACCIOLO

Veterans Law Judge

Board of Veterans’ Appeals

Attorney for the Board	T. Minot, 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.