Citation Nr: 21011249 Decision Date: 03/01/21 Archive Date: 03/01/21 DOCKET NO. 19-19 368 DATE: March 1, 2021 ORDER The issue of an effective date prior to May 30, 2006, for a total disability rating based on individual unemployability (TDIU) is dismissed. The issue of an initial rating in excess of 70 percent from July 11, 2005, to May 21, 2006, for posttraumatic stress disorder (PTSD) is dismissed. FINDINGS OF FACT 1. On November 17, 2020, before promulgation of a decision on the appeal, the Veteran withdrew his appeal for the issue of an effective date prior to May 30, 2006, for TDIU. 2. On November 17, 2020, before promulgation of a decision on the appeal, the Veteran withdrew his appeal for the issue of an initial rating in excess of 70 percent from July 11, 2005, to May 21, 2006, for PTSD. CONCLUSIONS OF LAW 1. The criteria for withdrawal of the appeal for the issue of an effective date prior to May 30, 2006, for TDIU have been met. 38 U.S.C. § 7105; 38 C.F.R. § 19.55. 2. The criteria for withdrawal of the appeal for the issue of an initial rating in excess of 70 percent from July 11, 2005, to May 21, 2006, for PTSD have been met. 38 U.S.C. § 7105; 38 C.F.R. § 19.55. REASONS AND BASES FOR FINDINGS AND CONCLUSIONS The Veteran served on active duty from February 1970 to February 1972. This matter comes before the Board of Veterans’ Appeals (Board) from a June 2006 rating decision issued by the Department of Veterans Affairs (VA) Regional Office (RO). In October 2019, the Board denied the issues on appeal. The Veteran appealed the October 2019 denial to the United States Court of Appeals for Veterans’ Claims (Court). In a October 2020 Order, the Court granted a Joint Motion for Partial Remand (JMPR), vacating the October 2019 decision to the extent it denied an effective date prior to May 30, 2006, for TDIU and an initial rating in excess of 70 percent from July 11, 2005, to May 21, 2006, for PTSD because the Board failed to address the Veteran’s request for a 90-day extension to submit evidence and argument. 1. The issue of an effective date prior to May 30, 2006, for TDIU. 2. The issue of an initial rating in excess of 70 percent from July 11, 2005, to May 21, 2006, 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(d)(5). At any time before the Board promulgates a decision, an appellant or his or her authorized representative may withdraw a substantive appeal as to any or all issues either on the record at a hearing or in writing. 38 C.F.R. § 19.55. On November 17, 2020, the Veteran, by way of his representative, explicitly, unambiguously, and with a full understanding of the consequences, withdrew his appeal in accordance with 38 C.F.R. § 19.55 for an effective date prior to May 30, 2006, for TDIU and an initial rating in excess of 70 percent from July 11, 2005, to May 21, 2006, for PTSD. The Veteran submitted the withdrawal of the appeal after it returned to the Board in accordance with the JMPR. The withdrawn issues were clearly identified, and the Veteran affirmed that he was requesting a withdrawal as to those appeals. See November 2020, Correspondence. The withdrawal was received by the Board prior to the promulgation of a decision on the appeal. Based on the foregoing, there remain no allegations of error of fact or law for appellate consideration as to these issues. The Board has no jurisdiction to review the appeal for the aforementioned issues; thus, the appeal for those issues are dismissed. See 38 C.F.R. § 19.55. JAMES L. MARCH Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board S. Straughn, 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.