Citation Nr: 21027454
Decision Date: 05/05/21	Archive Date: 05/05/21

DOCKET NO. 18-54 334
DATE: May 5, 2021

ORDER

The issue of entitlement to an initial evaluation in excess of 50 percent disabling for the period prior to May 1, 2013, and in excess of 70 percent disabling for the period thereafter, including a period with a temporary total evaluation, for service-connected posttraumatic stress disorder (PTSD), claimed as anxiety to include nightmares, is dismissed without prejudice.

FINDING OF FACT

In November 2020, 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 this appeal is requested.

CONCLUSION OF LAW

The criteria for withdrawal of the appeal by the Veteran have been met.  38 U.S.C. § 7105 (2018); 38 C.F.R. § 19.55 (2020).

REASONS AND BASES FOR FINDING AND CONCLUSION

The Veteran served on active duty from December 1968 to April 1971.

The Board notes that the Veteran was granted entitlement to a total disability rating based on individual unemployability (TDIU) in a January 2018 rating decision, and then awarded an earlier effective date of May 1, 2013, in an August 2020 rating decision.  The Veteran was notified of the earlier effective date award in correspondence dated September 29, 2020.  The appeal for a TDIU is considered satisfied.  See VA Memorandum, August 2020; see also Veteran's correspondence, November 2020 (stating that he is "in receipt of the Rating Decision dated September 29, 2020" and that he is "satisfied with that decision.").

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  An appeal may be withdrawn as to any or all issues involved in the appeal at any time before the Board promulgates a decision.  38 C.F.R. § 19.55.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

A written withdrawal must be in writing and include: (1) the name of the Veteran or the name of the claimant or appellant if other than the Veteran; (2) the applicable VA file number; and (3) a statement that the appeal is withdrawn.  If the appeal involves multiple issues, the withdrawal must specify that the appeal is withdrawn in its entirety or list the issues withdrawn from the appeal.  38 C.F.R. §§ 19.55(b)(1).

In the present case, the Veteran submitted a signed, written statement, received in November 2020.  The statement contained the Veteran's name, his claim number, and the request that he "would like to withdraw all remaining issues on appeal at the Board of Veterans' Appeals."

 

Therefore, the Veteran 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 without prejudice.

 

 

E. I. VELEZ

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	K. Foster, 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.