Citation Nr: 21026448
Decision Date: 05/03/21	Archive Date: 05/03/21

DOCKET NO. 18-12 694
DATE: May 3, 2021

ORDER

Entitlement to an initial disability rating in excess of 10 percent for cervical strain with degenerative arthritis of the spine (cervical spine disability) is dismissed.

Entitlement to a disability rating in excess of 70 percent for posttraumatic stress disorder (PTSD) is dismissed.

FINDINGS OF FACT

1. In January 2021, the Board of Veterans' Appeals (Board) received notification that the Veteran wished to withdraw the appeal as to the issue of higher rating in excess of 10 percent for cervical spine disability.

2. In January 2021, the Board received notification that the Veteran wished to withdraw the appeal as to the issue of higher rating in excess of 70 percent for PTSD.

CONCLUSIONS OF LAW

1. The criteria for withdrawal of an appeal by the Veteran have been met as to the issue of higher rating in excess of 10 percent for cervical spine disability.  38 U.S.C. § 7105(b)(2), (d)(5); 38 C.F.R. § 19.55.

2. The criteria for withdrawal of an appeal by the Veteran have been met as to the issue of higher rating for PTSD.  38 U.S.C. § 7105(b)(2), (d)(5); 38 C.F.R. § 19.55.

REASONS AND BASES FOR FINDINGS AND CONCLUSIONS

The Veteran served on active duty in the United States Navy from July 1991 to October 1998, and in the United States Army from January 2004 to March 2005, January 2008 to February 2009, and September 2011 to November 2012.  He served a period of active duty for training from February 1990 to July 1990.

These matters come before the Board on appeal from a May 2017 and March 2018 rating decisions issued by a Department of Veterans Affairs (VA) Regional Office (RO).  In April 2020, the Veteran testified at a hearing before the undersigned Veterans Law Judge.  A transcript of that hearing is of record.  

In July 2020, the Board remanded the matters to the Agency of Original Jurisdiction (AOJ) for additional development and they have since returned for further appellate review.

The Board notes that the issue of initial disability rating in excess of 10 percent for chronic headaches has been certified to the Board.  However, that issue is not ripe for review as the Veteran has requested a hearing before the Board which has not taken place yet.  As such, the Board will not take action on that issue at this 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.  Id. 

In this case, in a January 2021 statement the Veteran, through his attorney, withdrew his appeal as to the issues of higher rating in excess of 10 percent for cervical spine disability and higher rating in excess of 70 percent for PTSD.  As there remains no allegations of errors of fact or law for appellate consideration regarding these issues, the Board does not have jurisdiction over these issues, and they are dismissed.

 

 

D. Martz Ames

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	M. Mathew

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.