Citation Nr: 21023933
Decision Date: 04/21/21	Archive Date: 04/21/21

DOCKET NO. 16-21 866
DATE: April 21, 2021

ORDER

Entitlement to a rating in excess of 50 percent for posttraumatic stress disorder (PTSD) with cocaine/stimulant and opioid use disorders prior to January 20, 2017 and in excess of 70 percent from January 20, 2017 to February 13, 2017 and from June 1, 2017 is dismissed.

FINDING OF FACT

On September 28, 2020, prior to the promulgation of a decision in the appeal, the Veteran requested withdrawal of his appeal.

CONCLUSION OF LAW

The criteria for dismissal of an appeal are met.  38 U.S.C. § 7105; 38 C.F.R. § 19.55.

 

REASONS AND BASES FOR FINDING AND CONCLUSION

The Veteran had active service in the Army from July 1969 to April 1971.

The appeal originates from a July 2014 decision of a Department of Veterans Affairs (VA) Regional Office.

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  An appeal may be withdrawn as to any or all issues involved in the appeal at any time before the Board promulgates a decision.  38 C.F.R. § 19.55.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.

Appeal withdrawals must be in writing, include the name of the claimant, the applicable claim number, and a statement that the appeal is being withdrawn.  38 C.F.R. § 19.55(b).  If the appeal involves multiple issues, the withdrawal must specify that the appeal is withdrawn in its entirety, or list the issue(s) withdrawn from the appeal.

On September 28, 2020, the Veteran submitted written correspondence requesting withdrawal of his appeal.  The correspondence included his name, claims file number, and a statement that he was withdrawing his appeal, and was signed by the Veteran.  Such is in full keeping with 38 C.F.R. § 19.55. Thus, the issue is no longer within the Board’s jurisdiction and is dismissed.  See Hamilton v. Brown, 4 Vet. App. 528 (1993) (en banc), aff'd, 39 F.3d 1574 (Fed. Cir. 1994). 

 

MICHAEL A. HERMAN

Veterans Law Judge

Board of Veterans’ Appeals

Attorney for the Board	M. Alhinnawi

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 This decision is not precedential and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.