Citation Nr: 21008433
Decision Date: 02/17/21	Archive Date: 02/17/21

DOCKET NO. 17-35 101
DATE: February 17, 2021

ORDER

Entitlement to an effective date prior to October 23, 2015, for the grant of service connection for post-traumatic stress disorder (PTSD) is dismissed.

Whether clear and unmistakable error (CUE) in the prior rating decision of February 19, 1993 that denied service connection for post-traumatic stress disorder (PTSD) is dismissed.

FINDING OF FACTS

1. The Veteran requested a live videoconference at a local VA office on the July 2017 Substantive Appeal.

2. In a December 2020 Report of General Information, the Veteran withdrew his hearing request.

3. Prior to the promulgation of a decision in the appeals, in a December 2020 Report of General Information, the Veteran withdrew all issues on appeal. 

CONCLUSION OF LAW

The criteria for a withdrawal of an appeal by the Veteran have been met.  38 U.S.C. § 7105 (2018); 38 C.F.R. § 19.55 (2020).

REASONS AND BASES FOR FINDINGS AND CONCLUSION

The Veteran had active service in the United States Navy from October 1965 to December 1968.  These matters come before the Board of Veterans’ Appeals (Board) on appeal from a September 2016 rating decision by a Department of Veterans Affairs (VA) Regional Office (RO).  

The Veteran requested a live videoconference at a local VA office on his July 2017 VA Form 9; he withdrew his request in December 2020. See December 2020 Report of General Information. The hearing request is withdrawn. 38 C.F.R. § 20.704.

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  An appeal may be withdrawn as to any or all issues involved in the appeal at any time before the Board promulgates a decision.  38 C.F.R. § 19.55.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

In the present case, the Veteran, in December 2020, advised that he wished to withdraw his appeal regarding an earlier effective date for PTSD and CUE in a February 1993 rating decision, which was then documented in writing. See December 2020 VA Form 21-0820 Report of General Information. 

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Accordingly, he has withdrawn the issues on appeal and, hence, there remains no allegation of error of fact or law for appellate consideration. Accordingly, the Board does not have jurisdiction to review the appeal, and the claims are dismissed.

 

 

A.	J. Spector

Acting Veterans Law Judge

Board of Veterans’ Appeals

Attorney for the Board	C. Camille NeSmith, 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.