Citation Nr: 21015578
Decision Date: 03/17/21	Archive Date: 03/17/21

DOCKET NO. 20-13 946
DATE: March 17, 2021

ORDER

The appeal for service connection for posttraumatic stress disorder (PTSD) is dismissed.

FINDING OF FACT

On January 20, 2021, prior to the promulgation of a decision in the appeal, the Board received notification from the Veteran, through his authorized representative, that a withdrawal of this appeal is requested.

CONCLUSION OF LAW

The criteria for withdrawal of entitlement to service connection for PTSD by the Veteran’s authorized representative have been met.  38 U.S.C. § 7105; 38 C.F.R.     § 19.55.

REASONS AND BASES FOR FINDING AND CONCLUSION

The Veteran served in the Marines from April 2009 to February 2010. This matter comes before the Board of Veterans’ Appeals (Board) on appeal from a rating decision of a Department of Veterans Affairs (VA) Regional Office (RO).

Withdrawal

1. Entitlement to service connection 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 An appeal may be withdrawn as to any or all issues involved in the appeal at any time before the Board promulgates a decision. 38 C.F.R. § 19.55.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. 38 C.F.R. § 19.55. Once the appeal is transferred to the Board, an appeal withdrawal is effective when it is received by the Board. 38 C.F.R. § 19.55(b)(3). 

In a January 2021 Correspondence, the Veteran’s representative indicated the Veteran wished to withdraw the appeal for service connection for PTSD. As the Veteran withdrew the appeal, there remains no allegation of error of fact or law   for appellate consideration. Accordingly, the Board does not have jurisdiction to review the appeal on this issue and it is dismissed.

 

 

K. A. BANFIELD

Veterans Law Judge

Board of Veterans’ Appeals

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 This decision is not precedential and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.