Citation Nr: 21008890
Decision Date: 02/18/21	Archive Date: 02/18/21

DOCKET NO. 15-37 972A
DATE: February 18, 2021

ORDER

The appeal with respect to entitlement to service connection for posttraumatic stress disorder (PTSD) is dismissed.

FINDING OF FACT

In April 2020, prior to the promulgation of an appellate decision, the Board received notification from the Veteran’s representative that a withdrawal of this appeal was requested. 

CONCLUSION OF LAW

The criteria for withdrawal of the appeal have been met. 38 U.S.C. § 7105; 38 C.F.R. § 19.55.

REASONS AND BASES FOR FINDING AND CONCLUSION

The Veteran served on active duty in the United States Air Force from March 1965 to October 1968. 

This matter comes to the Board of Veterans’ Appeals (Board) on appeal from an April 2015 rating decision issued by the Department of Veterans Affairs (VA) Regional Office in Boston, Massachusetts. 

This case was previously before the Board in September 2018 and November 2019, when it was remanded to the agency of original jurisdiction (AOJ) for additional development. On both occasions, after taking further action, the AOJ confirmed and continued the prior denial of service connection for PTSD and returned the matter to the Board.

Dismissal

Under 38 U.S.C. § 7105, the Board may dismiss any appeal that fails to allege specific error of fact or law in the determination being appealed. One of the principal functions of the Board is to make determinations of appellate jurisdiction. 38 C.F.R. § 20.103. The Board may address questions pertaining to its jurisdictional authority to review a particular case. 38 C.F.R. § 20.104(d).

Pursuant to 38 C.F.R. § 19.55, an appellant or his authorized representative may withdraw an appeal. 38 C.F.R. § 19.55(a). The withdrawal must include the name of the veteran, the VA claims file number, and a statement that the appeal is withdrawn. See 38 C.F.R. § 19.55(b)(1). 

In April 2020, after the appeal was transferred to the Board, and prior to the promulgation of an appellate decision, the Veteran’s representative submitted correspondence indicating that the Veteran wished to withdraw the present appeal. The correspondence included his name and VA file number and specified that the appeal was being withdrawn regarding the remaining pending claim. The Veteran’s representative conveyed that the full benefit sought on appeal—namely, an effective date of July 2014 for the Veteran’s mental health disorder—had been granted and that the Veteran did not wish to proceed further. 

In light of the representative’s assertion that the full benefit sought on appeal has been granted, and the criteria for a withdrawal of the issue otherwise having been satisfied, there remain no allegations of error of fact or law for appellate consideration. Accordingly, the Board does not have jurisdiction to review the appeal and it must be dismissed.

 

 

DAVID A. BRENNINGMEYER

Veterans Law Judge

Board of Veterans’ Appeals

Attorney for the Board	Joseph T. Leonard, Law Clerk 

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.