Citation Nr: 21030466 Decision Date: 05/19/21 Archive Date: 05/19/21 DOCKET NO. 12-14 481 DATE: May 19, 2021 ORDER The appeal concerning the issue of entitlement to a rating in excess of 50 percent for posttraumatic stress disorder (PTSD) prior to July 25, 2011, in excess of 70 percent from July 25, 2011 to February 19, 2015, and in excess of 50 percent from February 19, 2015 to August 10, 2020 is dismissed. The appeal concerning the issue of entitlement to a total disability rating based upon individual unemployability (TDIU) is dismissed. FINDING OF FACT On January 28, 2021, prior to the promulgation of a decision on the appeal, the Board received notification from the Veteran requesting withdrawal of his appeal for an increased rating for his PTSD and a TDIU. CONCLUSION OF LAW The criteria for withdrawal of an appeal by the Veteran have been met regarding entitlement to an increased rating for PSTD and a TDIU. 38 U.S.C. § 7105; 38 C.F.R. §§ 19.55, 20.205. REASONS AND BASES FOR FINDING AND CONCLUSION The Veteran served on active duty in the United States Army from November 1967 to November 1969. This matter comes before the Board of Veterans' Appeals (Board) on appeal from July 2008 and April 2010 rating decisions by the Department of Veterans Affairs (VA) Regional Office (RO). In a June 2017 decision, the Board increased the evaluation for PTSD to 70 percent for the period from July 25, 2011, to February 19, 2015, and denied an evaluation in excess of 50 percent during the period on appeal prior to July 25, 2011 as well as the period on appeal after February 19, 2015. The Board also denied entitlement to TDIU. The Veteran appealed the June 2017 Board decision to the United States Court of Appeals for Veterans Claims (Court). In a February 2019 Memorandum Decision, the Court vacated and remanded the Board decision. In an October 2020 rating decision, following Board remand of the appeal in January 2020, the RO increased the Veteran's rating for PTSD with major depressive disorder and alcohol abuse from 50 percent to 100 percent, effective August 10, 2020. The Board has jurisdiction where there is a question of law or fact on appeal to the Secretary. 38 U.S.C. § 7104; 38 C.F.R. § 20.104. Under 38 U.S.C. § 7105, the Board may dismiss any appeal which fails to allege a specific error of fact or law in the determination being appealed. An appeal may be withdrawn as to any or all issues involved in the appeal at any time before the Board promulgates a decision. 38 C.F.R. §§ 19.55, 20.205. Unless an appeal is withdrawn on the record at a hearing, a veteran or his representative must file a written document withdrawing an appeal. Id. A withdrawal becomes effective when it is received by the Board. Id. Here, on January 28, 2021, the Veteran submitted a written document stating that he was "satisfied with the decision VA made, effective August 10, 2020" and desired to "stop all appeals." This document contains the Veteran's name, claims file number, and a statement indicating that he wished to withdraw his appeals, and it is signed by the Veteran. It was submitted with a cover letter from the Veterans Service Organization that represents him. The Board acknowledges the Veteran's representative's April 2021 Informal Hearing Presentation (IHP) addressing the above-discussed issues. However, the Veteran submitted a valid written withdrawal of his appeal that became effective January 28, 2021. 38 C.F.R. § 20.205(b)(3) (An appeal withdrawal is effective when received at the Board). Consequently, as of January 28, 2021 there were no longer any issues on appeal to the Board for the Veteran's representative to address, and the Board finds that the April 2021 IHP was drafted in error and need not be further discussed. S. BUSH Veterans Law Judge Board of Veterans' Appeals Attorney for the Board J. J. Rogers, 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.