Citation Nr: 21031604 Decision Date: 05/24/21 Archive Date: 05/24/21 DOCKET NO. 17-60 436 DATE: May 24, 2021 ORDER Entitlement to an effective date prior to January 25, 2017, for service connection for posttraumatic stress disorder (PTSD) is dismissed. FINDING OF FACT On March 29, 2021, prior to the promulgation of a decision in the appeal, the Board received notification from the duly appointed Veteran's representative that a withdrawal of this issue on appeal is requested. CONCLUSION OF LAW The criteria for withdrawal of an appeal for entitlement to an effective date prior to January 25, 2017 for service connection for PTSD by the Veteran have been met. 38 U.S.C. § 7105; 38 C.F.R. §§ 19.55, 20.204. REASONS AND BASES FOR FINDING AND CONCLUSION The Veteran served on active duty from July 1967 to May 1970 with service in the Republic of Vietnam. This case comes before the Board of Veterans' Appeals (Board) from a June 2017 rating decision, which granted service connection for PTSD with an effective date of January 25, 2017. The Veteran timely appealed the assigned effective date. In the November 2017 substantive appeal, the Veteran requested a Board hearing. Before the hearing was held, he withdrew his hearing request in the March 29, 2021 correspondence noted below. Entitlement to an effective date prior to January 25, 2017 for service connection for PTSD The Board may dismiss any appeal which fails to identify the specific determination with which the claimant disagrees. 38 U.S.C. § 7105(d). An appeal may be withdrawn as to any or all issues involved in the appeal at any time before the Board promulgates a decision. 38 C.F.R. § 19.55 (formerly 38 C.F.R. § 20.204). Withdrawal may be made by the appellant or by his or her authorized representative. Id. For written withdrawals of an appeal, the regulation applicable to withdrawals is controlling. See Hembree v. Wilkie, 33 Vet. App. 1, 8 (2020) (written withdrawals need only comply with 38 C.F.R. § 20.204(b), renumbered as 38 C.F.R. § 19.55(b)). It requires, among other things, that the withdrawal be in writing, by the appellant or his or her representative, and include the file number and a statement that the appeal is withdrawn. The Court summarized: "When the Board must analyze whether a written withdrawal is effective, its chief questions are whether the written withdrawal falls under § 20.204(b) and, if so, whether it complies with that regulation's requirements. If the answer to both questions is yes, then that is generally the end of the matter." Hembree, 33 Vet. App. at 7. In this case, the record includes a statement received by VA on March 29, 2021 that was signed by a Veterans Service Representative (VSR) with the Oklahoma Department of Veterans Affairs (ODVA), the Veteran's duly appointed representative. It included the name of the Veteran and claim number. The following statement was given: "I wish to cancel my BVA hearing . . . I am withdrawing my request to pursue an earlier effective date for this issue." The only issue addressed in the applicable June 2017 notice of disagreement and November 2017 statement of the case was an earlier effective date for service connection for PTSD. With this background, the Board finds the statement received March 29, 2021 satisfied the written withdrawal requirements outlined in the applicable regulation. Id. It contains the necessary information and is clear that a withdrawal is requested for earlier effective date issue on appeal. In the present case, the Veteran has withdrawn this appeal and, hence, there remain no allegations of a specific determination with which the Veteran disagrees. Accordingly, the Board does not have jurisdiction to review the appeal, and it is dismissed. Jonathan Hager Veterans Law Judge Board of Veterans' Appeals Attorney for the Board C. D. Simpson, 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.