Citation Nr: 21012087 Decision Date: 03/03/21 Archive Date: 03/03/21 DOCKET NO. 18-15 398 DATE: March 3, 2021 ORDER Entitlement to an initial disability rating in excess of 30 percent for service-connected posttraumatic stress disorder (PTSD) is dismissed as withdrawn. FINDING OF FACT In a March 1, 2021, correspondence, the Veteran’s representative withdrew the instant appeal. CONCLUSION OF LAW The criteria for withdrawal of entitlement to an initial disability rating in excess of 30 percent for service-connected PTSD are met. 38 C.F.R. § 19.55. REASONS AND BASES FOR FINDING AND CONCLUSION The Veteran served on active duty from January 1967 to November 1968. This matter comes before the Board of Veterans’ Appeals (Board) on appeal from a November 2007 rating decision by the Department of Veterans Affairs (VA) Regional Office (RO) in St. Petersburg, Florida. An appeal may be withdrawn as to any or all issues involved in the appeal at any time before the Board promulgates a decision by the appellant or by his or her authorized representative. 38 C.F.R. § 19.55(a). The withdrawal must be filed with the Board and include the name of the veteran, the applicable VA file number, and a statement that the appeal is withdrawn. If the appeal involves multiple issues, the withdrawal must specify that the appeal is withdrawn in its entirety or list the issue(s) withdrawn from the appeal. Appeal withdrawals should be filed with the agency of original jurisdiction (AOJ) until the appellant or representative filing the withdrawal receives notice that the appeal has been transferred to the Board. Thereafter, the withdrawal must be filed with the Board. Until the appeal is transferred to the Board, an appeal withdrawal is effective when received by the AOJ. Thereafter, it is not effective until received by the Board. A withdrawal received by the Board after the Board issues a final decision under Rule 1100(a) (§20.1100(a) of this chapter) will not be effective. Id. at (b)(1)–(3). Withdrawal of an appeal will be deemed a withdrawal of the Notice of Disagreement (NOD) and, if filed, the Substantive Appeal (VA Form 9), as to all issues to which the withdrawal applies. Withdrawal does not preclude filing a new NOD and, after a Statement of the Case is issued, a new VA Form 9, as to any issue withdrawn, provided such filings would be timely under these rules if the appeal withdrawn had never been filed. Id. at (c). This claim most recently was addressed by the Board in a June 2019 decision. There, the Board remanded the claim so that VA could make all necessary efforts to obtain the Veteran’s Social Security Administration (SSA) records. Those records were uploaded in November 2019. In January 2020, VA called the Veteran; a VA employee recorded the conversation as follows: I asked [the Veteran] if he/she had received our written communication mailed to him/her [on 12/03/2019] requesting any additional documentation of medical treatment records that may be in his possession but not yet provided to the VA. [The Veteran] stated that he/she had received the Subsequent Development Letter and that there are no other records of medical treatment in his possession. [The Veteran] stated that he no longer wishes to pursue any claims directly with the VA since he has received a favorable BVA decision and is satisfied with his current benefits. A September 3, 2020, letter indicates that the Veteran’s appeal was being returned to the Board. On March 1, 2012, the Veteran’s representative sent a memorandum to the Board, which stated the following: By signed Appeals Satisfaction Notice (VA Form 27-2820) dated January 6, 2020, located in the Veterans Benefits Management System (VBMS) virtual file; the [V]eteran wishes to withdraw his current appeal before the Board. 38 C.F.R. § 20.204(a). The [V]eteran acknowledges satisfaction with his favorable BVA decision, and further states his desire to withdraw his appeal. Please initiate appropriate dismissal action. The Board is satisfied that the criteria for dismissal based on voluntary withdrawal have been met. The Veteran’s representative submitted to the Board a memorandum stating the Veteran’s name, claims file number, and his intent to withdrawal his only, current appeal before the Board, referencing the Veteran’s previous, stated satisfaction with his VA benefits. See 38 C.F.R. § 19.55(a)–(b). The Veteran’s written withdrawal is a valid withdrawal as to his associated NOD and VA Form 9 for this appeal. Thus, the Board no longer has jurisdiction over this issue, and it is dismissed. See id. at (c). (SIGNATURE ON NEXT PAGE) JONATHAN B. KRAMER Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board Trevor T. Bernard, 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.