Citation Nr: 21014670
Decision Date: 03/15/21	Archive Date: 03/15/21

DOCKET NO. 18-17 036
DATE: March 15, 2021

ORDER

The appeal seeking entitlement to a disability rating in excess of 30 percent for posttraumatic stress disorder (PTSD) is dismissed.

FINDING OF FACT

On February 29, 2020, prior to the promulgation of a decision in the appeal, the Board received notification from the Veteran indicating his intent to withdraw this appeal. 

CONCLUSION OF LAW

The criteria for withdrawal of entitlement to a disability rating in excess of 30 percent for PTSD 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 from April 1964 to March 1967 and from December 1967 to December 1970. 

The Board emphasizes that any appeal which fails to allege specific error of fact or law in the determination being appealed may be dismissed.  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  An appeal may be withdrawn as to any or all issues involved in the appeal at any time before the Board promulgates a decision.  38 C.F.R. §19.55.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 February 2020, the Veteran submitted a signed statement that he did not want VA to continue evaluating his appeal for his service-connected disability.  This statement clearly and unambiguously indicates his intent to withdrawal the issue on appeal.  The Federal Circuit has not addressed the criteria as to a written request to withdraw a claim.  See Acree v. O’Rourke, 891 F.3d 1009, 1013, n. 2 (Fed. Cir. 2018).  Likewise, the Board has no basis to question the validity of the withdrawal or the Veteran’s understanding of the consequences of withdrawing the appeal.  Cf. Delisio v. Shinseki, 25 Vet. App. 45, 57 (2011).  Thus, as there remains no allegation of error of fact or law for appellate consideration, the Board does not have jurisdiction to review the appeal of this issue and it is dismissed.

 

 

A. ISHIZAWAR

Veterans Law Judge

Board of Veterans’ Appeals

Attorney for the Board	Metzner, Paul

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 This decision is not precedential and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.