Citation Nr: 21025595
Decision Date: 04/28/21	Archive Date: 04/28/21

DOCKET NO. 19-29 126A
DATE: April 28, 2021

ORDER

The claim of entitlement to an initial rating in excess of 70 percent for posttraumatic stress disorder (PTSD) is dismissed.

FINDING OF FACT

On February 26, 2021, prior to the promulgation of a decision in the appeal, the Board received notification from the Veteran requesting withdrawal of the claim of entitlement to an initial rating in excess of 70 percent for PTSD. 

CONCLUSION OF LAW

The criteria for withdrawal by the appellant of the claim of entitlement to an initial rating in excess of 70 percent for PTSD have been met.  38 U.S.C. § 7105; 38 C.F.R. § 20.205.

REASONS AND BASES FOR FINDING AND CONCLUSION

The Veteran served on active duty from March 1972 to December 1979 and from April 1982 to March 1984.  This matter comes before the Board on appeal from a February 2018 Regional Office (RO) rating decision.  

1. The claim of entitlement to an initial rating in excess of 70 percent for PTSD is dismissed.

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  An appeal may be withdrawn as to any or all issues involved in the appeal at any time before the Board promulgates a decision.  38 C.F.R. § 20.205.  Withdrawal may be made by the appellant or by his or her authorized representative.  38 C.F.R. § 20.205.  In the present case, the appellant withdrew the claim of entitlement to an initial rating in excess of 70 percent for PTSD in a written statement received by VA on February 26, 2021.  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.

 

TANYA SMITH

Veterans Law Judge

Board of Veterans’ Appeals

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 This decision is not precedential and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.