Citation Nr: 21007974 Decision Date: 02/11/21 Archive Date: 02/11/21 DOCKET NO. 18-42 527A DATE: February 11, 2021 ORDER The appeal seeking an initial rating in excess of 50 percent from July 14, 2016 to May 12, 2019 for posttraumatic stress disorder (PTSD) and in excess of 70 percent thereafter is dismissed. The appeal seeking a total disability rating based on individual unemployability (TDIU) from July 14, 2016 to May 12, 2019 is dismissed. FINDINGS OF FACT 1. On December 3, 2020, prior to the promulgation of a decision in the appeal, the Board received written notification from the Veteran that she was withdrawing her claim for an initial rating in excess of 50 percent from July 14, 2016 to May 12, 2019 for posttraumatic stress disorder (PTSD) and in excess of 70 percent thereafter. 2. On December 3, 2020, prior to the promulgation of a decision in the appeal, the Board received written notification from the Veteran that she was withdrawing her claim for a total disability rating based on individual unemployability (TDIU) from July 14, 2016 to May 12, 2019. CONCLUSIONS OF LAW 1. Regarding the claim of entitlement to an initial rating in excess of 50 percent from July 14, 2016 to May 12, 2019 for posttraumatic stress disorder (PTSD) and in excess of 70 percent thereafter, the criteria for withdrawal of an appeal by the Veteran have been met. 38 U.S.C. § 7105; 38 C.F.R. § 20.204. 2. Regarding the claim of entitlement to a total disability rating based on individual unemployability (TDIU) from July 14, 2016 to May 12, 2019 the criteria for withdrawal of an appeal by the Veteran have been met. 38 U.S.C. § 7105; 38 C.F.R. § 20.204. REASONS AND BASES FOR FINDINGS AND CONCLUSIONS The Veteran had active duty service from February 1971 to November 1973 with additional service in the Air National Guard and Air Force Reserve. 1. Entitlement to an initial rating in excess of 50 percent from July 14, 2016 to May 12, 2019 for posttraumatic stress disorder (PTSD) and in excess of 70 percent thereafter. 2. Entitlement to a total disability rating based on individual unemployability (TDIU) from July 14, 2016 to May 12, 2019. The Board has jurisdiction where there is a question of law or fact on appeal to the Secretary. 38 U.S.C. § 7104; 38 C.F.R. § 20.101. Under 38 U.S.C. § 7105, the Board may dismiss any appeal which fails to allege a specific error of fact or law in the determination being appealed. An appeal may be withdrawn as to any or all issues involved in the appeal at any time before the Board promulgates a decision. 38 C.F.R. § 20.204 (a). Unless an appeal is withdrawn on the record at a hearing, a veteran or a representative of a veteran must file a written document withdrawing an appeal. 38 C.F.R. § 20.204 (b)(1). A withdrawal becomes effective when it is received by the Board. 38 C.F.R. § 20.204 (b)(3). Here, the Veteran filed a written statement withdrawing the appeal of her claim for an initial rating in excess of 50 percent from July 14, 2016 to May 12, 2019 for posttraumatic stress disorder (PTSD) and in excess of 70 percent thereafter and her claim entitlement to a total disability rating based on individual unemployability (TDIU) from July 14, 2016 to May 12, 2019. The document contains the Veteran’s name, claims file number, and a statement indicating that she wished to withdraw her appeal. It is signed by the Veteran. When pending appeals are withdrawn, there is no longer an allegation of error of fact or law with respect to the decision below. In such circumstances, dismissal of the appeal is appropriate. 38 U.S.C. § 7105 (d)(5). Consequently, the Board finds that the Veteran’s appeal for claims of an initial rating in excess of 50 percent from July 14, 2016 to May 12, 2019 for posttraumatic stress disorder (PTSD) and in excess of 70 percent thereafter and of entitlement to a total disability rating based on individual unemployability (TDIU) from July 14, 2016 to May 12, 2019 were withdrawn and the withdrawal of the appeal was effective on December 3, 2020 (the day the withdrawal was received by VA). Therefore, the Veteran’s claim on appeal is dismissed. Jennifer White Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board J. Alexander 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.