Citation Nr: 21026455
Decision Date: 05/03/21	Archive Date: 05/03/21

DOCKET NO. 16-32 981
DATE: May 3, 2021

ORDER

The appeal as to entitlement to a higher initial rating for PTSD, in excess of 30 percent prior to April 22, 2017 and 70 percent thereafter, is dismissed.

FINDING OF FACT

In November 2019, prior to the promulgation of a decision in the appeal, the Board received notification from the Veteran that a withdrawal of the appeal is requested.

CONCLUSION OF LAW

The criteria for dismissal of entitlement to a higher initial rating for PTSD have been met.  38 U.S.C. § 7105 (b)(2), (d)(5); 38 C.F.R. § 20.204.

REASONS AND BASES FOR FINDING AND CONCLUSION

The Veteran had active service from July 1969 to July 1973.

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  An appeal may be withdrawn as to any or all issues involved in the appeal at any time before the Board promulgates a decision.  38 C.F.R. § 19.55.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  In the present case, the appellant has withdrawn this appeal and, hence, there remain no allegations of errors of fact or law for appellate consideration.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.

 

 

JENNIFER HWA

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	Catherine Cykowski

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 This decision is not precedential and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.