Citation Nr: 21026217
Decision Date: 04/30/21	Archive Date: 04/30/21

DOCKET NO. 14-32 022A
DATE: April 30, 2021

ORDER

Entitlement to an evaluation in excess of 50 percent prior to March 7, 2017 for service-connected posttraumatic stress disorder (PTSD) is dismissed.

FINDING OF FACT

In a January 19, 2021 written correspondence, prior to the promulgation of a decision in the present appeal, the Veteran withdrew the issue of entitlement to an evaluation in excess of 50 percent prior to March 7, 2017 for service-connected PTSD.

CONCLUSION OF LAW

The criteria for withdrawal by the appellant of the issue of entitlement to an evaluation in excess of 50 percent prior to March 7, 2017 for service-connected PTSD have been met.  38 U.S.C. § 7105; 38 C.F.R. § 20.204.

REASONS AND BASES FOR FINDING AND CONCLUSION

The Veteran served on active duty in the United States Navy from June 1967 to May 1970. This matter returns to the Board following a September 2020 joint motion for remand and accompanying order from the Court of Appeals for Veteran’s Claims.

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 An appeal may be withdrawn as to any or all issues involved in the appeal at any time before the Board promulgates a decision. 38 C.F.R. § 20.204. Withdrawal may be made by the Veteran or by his or her authorized representative. 38 C.F.R. § 20.204.

Here, the Veteran and his representative withdrew this issue of entitlement to an evaluation in excess of 50 percent prior to March 7, 2017 for service-connected PTSD in a January 19, 2021 written correspondence. Accordingly, there remains no allegation of errors of fact or law for appellate consideration, and the appeal of this issue is dismissed.

 

 

H. SEESEL

Veterans Law Judge

Board of Veterans’ Appeals

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 This decision is not precedential and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.