Citation Nr: 21025821
Decision Date: 04/29/21	Archive Date: 04/29/21

DOCKET NO. 18-54 446
DATE: April 29, 2021

ORDER

Entitlement to an increased evaluation for service-connected posttraumatic stress disorder (PTSD) is dismissed.

FINDING OF FACT

On November 12, 2020, prior to the promulgation of a decision in the appeal, the Board received notification from the Veteran, through his then-appointed representative, that a withdrawal of this appeal is requested.

CONCLUSION OF LAW

The criteria for withdrawal of an appeal by the Veteran have been met.  38 U.S.C. § 7105; 38 C.F.R. § 19.55 (2019). 

REASONS AND BASES FOR FINDING AND CONCLUSION

The Veteran served on active service from October 1965 to June 1969.

A March 2018 rating decision granted service connection for PTSD and assigned a 50 percent evaluation, effective November 13, 2009.  The Veteran appealed the evaluation assigned to this disability, and his service-connected PTSD was assigned a 70 percent evaluation and a total disability rating based on individual unemployability (TDIU) was also granted, both effective November 13, 2009, in a June 2020 rating decision.  On November 12, 2020, the Veteran’s then-appointed representative submitted a statement indicating that the Veteran wished to withdraw all pending appeals, and that he was withdrawing as the appointed representative at that time.

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  An appeal may be withdrawn as to any or all issues involved in the appeal at any time before the Board promulgates a decision.  38 C.F.R. § 19.55.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.  In the present case, the Veteran, through his representative, has withdrawn the appeal of the issue of entitlement to an increased rating for his service-connected PTSD and, hence, there remain no allegations of errors of fact or law for appellate consideration with regard to this claim.  Accordingly, the Board does not have jurisdiction to review the appeal of this claim, and it is dismissed.

 

 

MICHELLE L. KANE

Veterans Law Judge

Board of Veterans’ Appeals

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 This decision is not precedential and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.