Citation Nr: 21015764
Decision Date: 03/18/21	Archive Date: 03/18/21

DOCKET NO. 20-00 424
DATE: March 18, 2021

ORDER

The appeal regarding the propriety of the reduction in rating for posttraumatic stress disorder (PTSD) from 100 percent to 70 percent effective January 1, 2019 is dismissed.

The appeal regarding entitlement to a rating in excess of 70 percent for PTSD is dismissed.

FINDING OF FACT

On March 5, 2021, prior to the promulgation of a decision in the appeal, the Board received notification from the Veteran, through his authorized representative, requesting withdrawal of his pending appeal regarding the propriety of the reduction in rating for PTSD from 100 percent to 70 percent and entitlement to a rating in excess of 70 percent for PTSD.

CONCLUSION OF LAW

The criteria for withdrawal of the appeal are 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 in the United States Air Force from May 1967 to November 1970. This matter comes before the Board of Veterans’ Appeals (Board) from an October 2018 rating decision by a Department of Veterans Affairs (VA) Regional Office (RO). 

The Board may dismiss any appeal that fails to allege a specific error of fact or law in the determination being appealed. 38 U.S.C. § 7105.   

Here, in a March 2021 written and signed statement, the Veteran’s authorized representative specifically withdrew the appeal regarding the issues regarding the propriety of the reduction in rating for PTSD from 100 percent to 70 percent and entitlement to a rating in excess of 70 percent for PTSD. See Hembree v. Wilkie, 33 Vet. App. 1 (2020). As these were the only issues pending appeal before the Board, there remain no allegations of error of fact or law for appellate consideration, and this appeal is dismissed. 38 U.S.C. § 7105; 38 C.F.R. § 19.55. 

 

 

S. BUSH

Veterans Law Judge

Board of Veterans’ Appeals

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 This decision is not precedential and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.