Citation Nr: 21026824
Decision Date: 05/04/21	Archive Date: 05/04/21

DOCKET NO. 17-59 335
DATE: May 4, 2021

ORDER

Entitlement to a rating in excess of 70 percent disabling effective March 1, 2016 for posttraumatic stress disorder (PTSD) with alcohol use disorder and alcohol induced depressive and anxiety disorder is dismissed. 

FINDING OF FACT

By a correspondence dated February 2020, prior to the promulgation of a decision in the appeal, the Veteran withdrew his claim for entitlement to an increased rating in excess of 70 percent disabling effective March 1, 2016 for PTSD with alcohol use disorder and alcohol induced depressive and anxiety disorder.

CONCLUSION OF LAW

The criteria for withdrawal of an appeal by the Veteran have been met as to the issue of an increased rating in excess of 70 percent disabling effective March 1, 2016 for PTSD with alcohol use disorder and alcohol induced depressive and anxiety disorder. 38 U.S.C. § 7105(b)(2); 38 C.F.R. §19.55.

REASONS AND BASES FOR FINDING AND CONCLUSION

The Veteran served on active duty in the United States Marine Corps from October 1965 to October 1968.

This matter comes to the Board of Veterans' Appeals (Board) on appeal from a June 2017 rating decision issued by the Department of Veterans Affairs (VA) Regional Office (RO).

The Veteran initiated this appeal in February 2016. However, after the October 2016 rating decision was issued, the Veteran did not file a timely notice of disagreement and that appeal became final. The Veteran was notified in an October 2016 Correspondence. The Veteran submitted the current appeal again in February 2017, requesting a hearing on his November 2017 Form 9, after submitting a June 2017 notice of disagreement. A hearing was schedule for February 2020; however, the Veteran withdrew his hearing request and this appeal in February 2020. 

Withdrawal

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 An appeal may be withdrawn as to any or all issues involved in the appeal at any time before the Board promulgates a decision. 38 C.F.R. § 19.55.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.

The Veteran withdraw his appeal for entitlement to an increased rating in excess of 70 percent disabling effective March 1, 2016 for PTSD with alcohol use disorder and alcohol induced depressive and anxiety disorder by a February 2020 correspondence after submitting his June 2017 notice of disagreement. This withdraw was in writing, included the name of the Veteran, the file number, a statement that the appeal was withdrawn and was specific the appeal was to be withdrawn. 38 C.F.R. § 19.55(b); Hembree v. Wilkie, 33 Vet. App. 1 (2020). The Board notes that the only issue that has been appealed is the issue dismissed herein. As there remains no allegations of errors of fact or law for appellate consideration regarding the above-mentioned issue, the Board does not have jurisdiction over this issue, and it is dismissed.

 

 

KRISTY L. ZADORA

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	B. Adeyemi, Associate 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.