Citation Nr: 21011188
Decision Date: 03/01/21	Archive Date: 03/01/21

DOCKET NO. 20-10 338
DATE: March 1, 2021

ORDER

Entitlement to an earlier effective date for the award of a 70 percent disability rating for posttraumatic stress disorder (PTSD) has been withdrawn.

Entitlement to a disability rating higher than 70 percent for PTSD has been withdrawn.

FINDINGS OF FACT

1. In December 2020 the Veteran withdrew in writing his appeal for an earlier effective date for the award of a 70 percent disability rating for PTSD.

2. In December 2020 the Veteran withdrew in writing his appeal for a disability rating higher than 70 percent for PTSD.

CONCLUSIONS OF LAW

1. The criteria for withdrawal of an appeal for an earlier effective date for the award of a 70 percent disability rating for PTSD by the appellant have been met. 38 U.S.C. § 7105; 38 C.F.R. § 19.55.

2. The criteria for withdrawal of an appeal for a disability rating higher than 70 percent for PTSD by the appellant have been met. 38 U.S.C. § 7105; 38 C.F.R. § 19.55.

REASONS AND BASES FOR FINDINGS AND CONCLUSIONS

The Veteran had active service from January 1981 to February 1985. In October 2015 he submitted a claim for service connection for PTSD. In an August 2016 rating decision, a Department of Veterans Affairs (VA) Regional Office (RO) granted service connection, effective October 15, 2015, for the Veteran’s PTSD. The RO assigned a disability rating of 30 percent. The Veteran appealed the rating to the Board of Veterans’ Appeals (Board).

In a July 2017 rating decision, the RO increased the rating for PTSD to 70 percent effective June 21, 2017. In a September 2017 rating decision, the RO denied an effective date earlier than June 21, 2017, for the 70 percent rating. The Veteran continued his appeal to the Board.

In October 2019 the Board remanded to the RO, for additional action, the issue of ratings for PTSD higher than 30 percent before June 21, 2017, and 70 percent from June 21, 2017.

In a January 2020 rating decision, the RO granted a 70 percent rating effective October 15, 2015, for the Veteran’s PTSD. In a March 2020 substantive appeal, the Veteran continued his appeal.

1. Effective date for 70 percent rating for PTSD

In December 2020 the Veteran wrote that he was withdrawing his appeal for an earlier effective date for compensation for PTSD.

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. Id. In the present case, the appellant has withdrawn this appeal. Hence, 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.

2. Rating for PTSD

In December 2020 the Veteran wrote that he was withdrawing his appeal for a rating higher than 70 percent for PTSD. The appellant has withdrawn this appeal. Hence, 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. PARAKKAL

Veterans Law Judge

Board of Veterans’ Appeals

Attorney for the Board	K. Kunz

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.