Citation Nr: 21021753 Decision Date: 04/13/21 Archive Date: 04/13/21 DOCKET NO. 17-55 192 DATE: April 13, 2021 ORDER Entitlement to a higher initial disability rating in excess of 10 percent for service connected degenerative disc disease and degenerative joint disease of the lumbar spine (lumbar spine disability), having been withdrawn by the Veteran, is dismissed. Entitlement to an increased disability rating for posttraumatic stress disorder (PTSD) in excess of 30 percent prior to June 27, 2016, and in excess of 50 percent from June 27, 2016 through February 25, 2018, having been withdrawn by the Veteran, is dismissed. Entitlement to an increased (compensable) disability rating for service-connected right ankle scarring, prior to June 14, 2017, having been withdrawn by the Veteran, is dismissed. FINDING OF FACT On March 26, 2021, prior to the promulgation of a decision in the instant appeal, the Board of Veterans’ Appeals (Board) was informed, in writing by the Veteran’s representative, that the lumbar spine, PTSD, and right ankle scar rating issues were no longer being pursued on appeal. CONCLUSIONS OF LAW 1. The criteria for withdrawal of the issue of a higher initial disability rating in excess of 10 percent for service connected lumbar spine disability have been met. 38 U.S.C. § 7105; 38 C.F.R. § 19.55. 2. The criteria for withdrawal of the issue of an increased disability rating for PTSD in excess of 30 percent prior to June 27, 2016, and in excess of 50 percent from June 27, 2016 through February 25, 2018, have been met. 38 U.S.C. § 7105; 38 C.F.R. § 19.55. 3. The criteria for withdrawal of the issue of an increased (compensable) disability rating for service-connected right ankle scarring, prior to June 14, 2017, have been met. 38 U.S.C. § 7105; 38 C.F.R. § 19.55. REASONS AND BASES FOR FINDING AND CONCLUSIONS The Veteran, who is the appellant, had active service from November 2002 to August 2007. This matter came before the Board on appeal from multiple Department of Veterans Affairs (VA) Regional Office (RO) rating decisions. Most recently, the PTSD and right ankle scarring rating issues were decided in an April 2019 Board decision, and have returned to the Board from the United States Court of Appeals for Veterans Claims (Court) following a January 2020 Joint Motion for Partial Remand (JMR). In February 2016, the Board remanded the back rating issue for the issuance of a Statement of the Case (SOC). The appeal as to that issue was subsequently perfected. 1. Lumbar Spine Rating 2. PTSD Rating 3. Right Ankle Scar Rating 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. On March 26, 2021, prior to the promulgation of a decision in the instant appeal, the Board was informed, in writing by the Veteran’s representative, that the lumbar spine, PTSD, and right ankle scar rating issues were no longer being pursued on appeal. As the Veteran has withdrawn the appeal regarding the issues of a higher initial disability rating in excess of 10 percent for service connected lumbar spine disability, an increased disability rating for PTSD in excess of 30 percent prior to June 27, 2016, and in excess of 50 percent from June 27, 2016 through February 25, 2018, and an increased (compensable) disability rating for service-connected right ankle scarring, prior to June 14, 2017, the Veteran, through authorized representative, has 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. J. PARKER Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board E. Blowers, 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.