Citation Nr: 21027219
Decision Date: 05/05/21	Archive Date: 05/05/21

DOCKET NO. 12-15 195
DATE: May 5, 2021

ORDER

An initial disability rating in excess of 50 percent for service-connected posttraumatic stress disorder (PTSD) with related alcohol abuse from November 2, 2010 is dismissed.

FINDING OF FACT

On March 31, 2021, prior to the promulgation of a decision in the appeal, the Board received notification from the Veteran, through his authorized representative, that a withdrawal of the appeal for an increased disability rating in excess of 50 percent for service-connected PTSD with related alcohol abuse from November 2, 2010, was requested.

CONCLUSION OF LAW

The criteria for withdrawal of the appeal for an increased disability rating in excess of 50 percent for service-connected PTSD with related alcohol abuse from November 2, 2010, by the Veteran have been met.  38 U.S.C. § 7105; 38 C.F.R. § 19.55.

REASONS AND BASES FOR FINDING AND CONCLUSION

The Veteran served on active duty from April 1964 to April 1966, with service in the Republic of Vietnam from May 1965 to April 1966.

The matter comes before the Board of Veterans' Appeals (Board) on appeal from a March 2009 rating decision of a Department of Veterans Affairs Regional Office.  The Veteran testified at a March 2015 Board hearing before the undersigned Veterans Law Judge, and the matter was remanded in May 2015.

In August 2017, the Board issued a decision granting a 50 percent disability rating, but no higher, for service-connected PTSD with related alcohol abuse from November 2, 2010.  The Veteran appealed to the Court of Appeals for Veterans Claims (Court), and in December 2018, the Court issued a Memorandum Decision, setting aside the August 2017 Board decision with regards to the increased disability evaluation for PTSD, and remanded the issue back to the Board.  Pursuant to the 2018 Court decision, the Board adjudicated the increased rating claim and issued a December 2019 Board decision that denied entitlement to a PTSD rating in excess of 50 percent.  The Veteran appealed to the Court.

In March 2021, the Court issued a Memorandum Decision, setting aside the December 2019 Board decision regarding entitlement to an initial disability rating in excess of 50 percent for service-connected PTSD with alcohol abuse from November 2, 2010, and remanded the issue back to the Board.

Dismissal

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 Veteran or by his or her authorized representative.  38 C.F.R. § 19.55.  

In March 2021, the Veteran submitted a signed statement, through his authorized representative, withdrawing the issue of an initial increased disability evaluation for PTSD with related alcohol abuse from November 2, 2010.  As such, the appeal is withdrawn, and there remain no allegations of error of fact or law for appellate consideration.  Accordingly, the Board does not have jurisdiction to review the appeal and it is dismissed.

 

 

K. MILLIKAN

Acting Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	N. Gipson, 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.