Citation Nr: 21020750
Decision Date: 04/08/21	Archive Date: 04/08/21

DOCKET NO. 14-31 293A
DATE: April 8, 2021

ORDER

The appeal is dismissed.

FINDING OF FACT

The Veteran withdrew his claim of entitlement to a disability rating in excess of 30 percent for posttraumatic stress disorder (PTSD), excluding the periods from July 15, 2015 to September 1, 2015, and June 11, 2018 to the present.

CONCLUSION OF LAW

The criteria for withdrawal of the issue of entitlement to a disability rating in excess of 30 percent for PTSD, excluding the periods from July 15, 2015 to September 1, 2015, and June 11, 2018 to the present 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 1969 to April 1971. The Board of Veterans’ Appeals (Board) remanded this matter in August 2018. The case has returned to the Board for appellate review.

The claimant or the claimant’s representative may withdraw an appeal as to any or all issues on appeal. 38 C.F.R. § 20.204 (a). Except for appeals withdrawn on the record at a hearing, withdrawal must be in writing. 38 C.F.R. § 20.204 (b)(1). A withdrawal is effective when received provided that receipt is prior to the issuance of a decision by the Board. 38 C.F.R. § 20.204 (b)(3). Withdrawal of a claim constitutes a withdrawal of the notice of disagreement and, if filed, the substantive appeal. 38 C.F.R. § 20.204 (c).

In the present case, the Veteran has withdrawn this appeal. Specifically, the Veteran submitted a Statement in Support of Claim form in September 2018 requesting to withdraw this appeal for PTSD completely. The Veteran indicated that he was satisfied with the grant of the 100 percent disability rating for PTSD from June 11, 2018 and that he did not want backpay or a Board hearing.

A Board determination that a claimant withdrew his or her appeal must include a “finding regarding whether [the appellant] understood the consequences of withdrawing his claims.” Acree v. O’Rourke, 891 F.3d 1009, 1015 (Fed. Cir. 2018).  Generally, “withdrawal of a claim is only effective where the withdrawal is explicit, unambiguous, and done with a full understanding of the consequences of such action on the part of the claimant.” Delisio v. Shinseki, 25 Vet. App. 45, 57 (2011).  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) (“Resolution of Acree’s appeal turns on the requirements necessary for an effective oral withdrawal of a claim at a board hearing. We express no view on the criteria that must be satisfied when a veteran submits a written request to withdraw a claim.”)

Given that the Veteran is represented, and indicated he wished to cancel the appeal, the evidence reflects that he understood the consequences of the withdrawal and that the withdrawal was explicit and unambiguous as well. Consequently, the criteria for a valid withdrawal have been met.

The Board may dismiss any appeal which fails to allege a specific error of fact or law. 38 U.S.C. § 7105 (d)(5); 38 C.F.R. § 20.202. There is no obligation to proceed with further adjudication following withdrawal. Hanson v. Brown, 9 Vet. App. 29 (1996). Therefore, this claim is dismissed.

 

MICHAEL D. LYON

Veterans Law Judge

Board of Veterans’ Appeals

Attorney for the Board	J. Frazier, Associate Attorney

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.