Citation Nr: 21008229
Decision Date: 02/12/21	Archive Date: 02/12/21

DOCKET NO. 11-19 420
DATE: February 12, 2021

ORDER

Entitlement to an initial compensable rating for residuals of a right tibia stress fracture is dismissed.

Entitlement to an initial rating in excess of 40 percent for traumatic brain injury (TBI) is dismissed.

Entitlement to an initial rating in excess of 30 percent prior to April 19, 2017, and in excess of 70 percent thereafter for posttraumatic stress disorder (PTSD) is dismissed.

FINDING OF FACT

In an October 9, 2020 submission, the Veteran indicated he was withdrawing the issues of increased initial ratings for residuals of a right tibia stress fracture, TBI, and PTSD. 

CONCLUSIONS OF LAW

1. The criteria for withdrawal for entitlement to an initial compensable rating for residuals of a right tibia stress fracture have been met.  38 U.S.C. § 7105; 38 C.F.R. § 19.55.

2. The criteria for withdrawal for entitlement to an initial rating in excess of 40 percent for TBI have been met.  38 U.S.C. § 7105; 38 C.F.R. § 19.55.

3. The criteria for withdrawal for an initial rating in excess of 30 percent prior to April 19, 2017, and in excess of 70 percent thereafter for PTSD have been met.  38 U.S.C. § 7105; 38 C.F.R. § 19.55.

REASONS AND BASES FOR FINDING AND CONCLUSIONS

The Veteran served on active duty from March 1983 to July 1985. 

These matters come to the Board of Veterans’ Appeals (Board) on appeal from July 2009 and October 2009 rating decisions issued by the Department of Veterans Affairs (VA) Regional Office (RO) in Montgomery, Alabama.  Jurisdiction of this appeal is currently with the RO in Roanoke, Virginia.

In August 2019, the Board issued a decision denying increased initial ratings for his residuals of a right tibia stress fracture, a TBI, and PTSD.  The issues were then appealed from the Board to the Court of Appeals for Veteran’s Claims Court (Court) and following a Joint Motion for Partial Remand (JMR), the Court issued an order vacating the part of the August 2019 Board decision which denied increased initial ratings for his residuals of a right tibia stress fracture, TBI, and PTSD, and remanded the matters to the Board for readjudication.

Withdrawal

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  An appeal may be withdrawn as to any or all issues involved in the appeal at any time before the Board promulgates a decision.  38 C.F.R. § 19.55.  Withdrawal may be made by the Veteran or by his/her authorized representative.  38 C.F.R. § 19.55.  

In an October 2020 submission, the Veteran indicated that he was withdrawing his claims for increased initial ratings for residuals of a right tibia stress fracture, TBI, and PTSD.  This request for withdrawal of the issues on appeal meets the content, form, and timing requirements of 38 C.F.R. § 19.55(b) and is, therefore, deemed a withdrawal of the claims.  See 38 C.F.R. § 19.55(c); see also Hembree v. Wilkie, 33 Vet. App 1 (2020).  As a result, no allegation of error of fact or law remains before the Board for consideration with regard to these issues.  Accordingly, the Board does not have jurisdiction over these issues, and the appeals are dismissed.

 

 

KRISTY L. ZADORA

Veterans Law Judge

Board of Veterans’ Appeals

Attorney for the Board	Mariah N. Sim, 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.