Citation Nr: 21007726
Decision Date: 02/10/21	Archive Date: 02/10/21

DOCKET NO. 20-02 839
DATE: February 10, 2021

ORDER

Entitlement to disability rating in excess of 50 percent for service-connected posttraumatic stress disorder (PTSD), anxiety, and sleep disturbances is dismissed.

FINDING OF FACT

In December 2020, the Board received notification from the appellant that a withdrawal of this appeal is requested. 

CONCLUSION OF LAW

The criteria for withdrawal of the appeal for the issue of entitlement to an increased evaluation for service-connected PTSD, anxiety, and sleep disturbances have been met. 38 U.S.C. § 7105 (2012); 38 C.F.R. § 20.204 (2020). 

REASONS AND BASES FOR FINDING AND CONCLUSION

The Veteran served on active duty in the Army from February 1994 to April 2003. This matter comes before the Board of Veterans’ Appeals (Board) on appeal from a September 2018 rating decision by the Department of Veterans Affairs (VA) Regional Office (RO) in Baltimore, Maryland. 

Withdrawal of Appeal

The Board may dismiss any appeal that 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 A substantive appeal may be withdrawn on record at a hearing or in writing at any time before the Board promulgates a decision. 38 C.F.R. § 20.202. Withdrawal may be made by the appellant or by his or her authorized representative. 38 C.F.R. § 20.204. The withdrawal must include the name of the Veteran, applicable VA file number, and a statement that the appeal is withdrawn. 38 C.F.R. § 20.204(b)(1). A withdrawal is effective upon the date it is received by the Agency of Original Jurisdiction (AOJ). 38 C.F.R. § 20.204(b)(3). In a December 2020 correspondence the Veteran indicated that he desired to withdraw his pending appeal on the issue of entitlement of an increased evaluation for service-connected PTSD, anxiety, and sleep disturbances. Thus, 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.

 

 

K. MILLIKAN

Veterans Law Judge

Board of Veterans’ Appeals

Attorney for the Board	D. Braxton, 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 This decision is not precedential and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.