Citation Nr: 21012402
Decision Date: 03/04/21	Archive Date: 03/04/21

DOCKET NO. 14-40 779
DATE: March 4, 2021

ORDER

The appeal of service connection for posttraumatic stress disorder is dismissed.

FINDINGS OF FACT

1. The Veteran served on active duty from September 1987 to August 2008; he has been rated at 100 percent disabled since March 2019.

2. In August 2019, prior to the promulgation of a decision in the appeal, the Board received notification from the Veteran that a withdrawal of this appeal was requested.

CONCLUSION OF LAW

The criteria for withdrawal of an appeal by the have been met.  38 U.S.C. § 7105 (2012); 38 C.F.R. § 19.55 (2020).

REASONS AND BASES FOR FINDINGS AND CONCLUSION

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  An appeal may be withdrawn as to any or all issues involved in the appeal at any time before the Board promulgates a decision.  38 C.F.R. § 19.55.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 August 2019, the Veteran notified VA that he wished to withdraw his hearing and indicated that he was satisfied with the 100 percent rating he received. Although the Board remanded the issue in May 2020 for an examination, the record indicates that the examination was cancelled at the Veteran’s request. 

The Board finds that the Veteran has, in fact, withdrawn this appeal and, hence, there remain no allegations of errors of fact or law for appellate consideration.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.

 

 

L. HOWELL

Veterans Law Judge

Board of Veterans’ Appeals

Attorney for the Board	M. Yacoub, 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 This decision is not precedential and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.