Citation Nr: 21026828
Decision Date: 05/04/21	Archive Date: 05/04/21

DOCKET NO. 17-56 839
DATE: May 4, 2021

ORDER

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

Entitlement to a total disability rating based on individual unemployability (TDIU) due to service-connected PTSD is dismissed.

FINDING OF FACT

In August 2020, the Veteran submitted a request to withdraw his claims for an increased rating for PTSD and TDIU.

CONCLUSION OF LAW

The criteria to withdraw the issues of a rating in excess of 70 percent for PTSD and TDIU by the appellant have been met. See 38 U.S.C. § 7105; 38 C.F.R. § 19.55.

 

REASONS AND BASES FOR FINDINGS AND CONCLUSIONS

The Veteran served honorably in the Army from June 2010 to June 2015. 

These matters come to the Board of Veterans' Appeals (Board) on appeal from an October 2016 rating decision by the Department of Veterans Affairs (VA) Regional Office (RO) that denied a rating in excess of 30 percent for PTSD.  The matters were remanded in February 2020 for further development. 

By a rating decision dated in July 2020, the 30 percent rating assigned for PTSD was increased to 70 percent effective July 31, 2016 (date of claim). The RO also determined that the claim for TDIU was moot since the Veteran's combined rating had been increased to 100 percent effective July 31, 2016 (date of claim), which was prior to his last date of employment. A Supplemental Statement of the Case (SSOC) was provided to the Veteran in July 2020 that addressed the PTSD rating and TDIU issues. 

In August 2020, the Veteran submitted a statement indicating that he was satisfied and wished to withdraw all remaining issues associated with his appeal. Reference was made to the most recent SSOC. The statement included the Veteran's name and claims file number and was signed by the Veteran.  

Under 38 U.S.C. § 7105, the Board may dismiss any appeal which fails to allege specific error of fact or law in the determination being appealed. An appeal may be withdrawn by the Veteran or representative on the record at a hearing, or in writing at any time before the Board promulgates a decision. See 38 C.F.R. § 19.55. Appeal withdrawals must include the name of the veteran, the name of the claimant or appellant if other than the veteran (e.g., a veteran's survivor, a guardian, or a fiduciary appointed to receive VA benefits on an individual's behalf), the applicable Department of Veterans Affairs file number, and a statement that the appeal is withdrawn. If the appeal involves multiple issues, the withdrawal must specify that the appeal is withdrawn in its entirety, or list the issue(s) withdrawn from the appeal.

 

The Veteran's August 2020 statement was signed, dated, included his claim's number, and indicated that he is satisfied with the decisions and wanted to withdrawal the claims remaining on appeal. Such was in full keeping with the requirements of 38 C.F.R. § 19.55. Therefore, as there remain no allegations of errors of fact or law for appellate consideration regarding this appeal, the Board does not have jurisdiction to review the appeal and it is dismissed. 

 

MICHAEL A. HERMAN

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	S. Smith, 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.