Citation Nr: 21040946 Decision Date: 07/07/21 Archive Date: 07/07/21 DOCKET NO. 15-37 184 DATE: July 7, 2021 ORDER The appeal concerning entitlement to an initial rating in excess of 70 percent from May 12, 2014, for PTSD is dismissed. The appeal concerning entitlement to a total disability rating based on individual unemployability (TDIU) is dismissed. FINDINGS OF FACT 1. On June 22, 2021, prior to the promulgation of a decision in the appeal, the Board received notification from the appellant, through his authorized representative, that a withdrawal of his appeal for entitlement to a rating in excess of 70 percent from May 12, 2014, is requested. 2. In a May 2021 Rating Decision, the AOJ granted entitlement to TDIU effective May 12, 2014; the Veteran, through his authorized representative, has expressed satisfaction with the award and has withdrawn all remaining appeals. CONCLUSIONS OF LAW 1. The criteria for withdrawal of the appeal seeking an initial rating in excess of 70 percent from May 12, 2014, for PTSD by the appellant's authorized representative have been met. 38 U.S.C. § 7105; 38 C.F.R. § 19.55. 2. The criteria for dismissal of a rating of total disability based on individual unemployability (TDIU) have been met. 38 U.S.C. § 7105; 38 C.F.R. § 19.55. REASONS AND BASES FOR FINDINGS AND CONCLUSIONS The Veteran served on active duty from May 1968 to September 1971. These matters come before the Board of Veterans' Appeals (Board) on appeal from a rating decision by a United States Department of Veterans Affairs (VA) Regional Office (RO). In a June 2019 decision, the Board granted the Veteran's claim for entitlement to a higher rating for PTSD and assigned a 70 percent disability evaluation, but did not consider whether a claim for a TDIU had been raised. The Veteran subsequently appealed the June 2019 Board decision to the United States Court of Appeals for Veterans Claims (Court). In April 2020, pursuant to a Joint Motion for Partial Remand (JMPR), the Court left undisturbed the award of the 70 percent rating, but remanded the issues of entitlement to an initial evaluation in excess of 70 percent for PTSD and entitlement to a TDIU pursuant to Rice v. Shinseki, 22 Vet. App. 447 (2009). These appeals were then remanded by the Board in April 2021. They have since been returned to the Board for further appellate review. 1. The appeal concerning entitlement to an initial rating in excess of 70 percent from May 12, 2014, for PTSD is dismissed. 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 is valid if it includes: (i) the name of the veteran/claimant/appellant, (ii) the file number, and (iii) a statement that the appeal is withdrawn. In the present case, the appellant, through his authorized representative, has withdrawn all remaining appeals, including entitlement to a rating in excess of 70 percent for PTSD from May 12, 2014. Specifically, in June 2021, the Veteran's private attorney submitted a writing that included the name of the appellant, the file number of his claim, and a statement that he wished to withdraw the appeal because he is satisfied with his current rating. The writing is unambiguous that the Veteran was withdrawing all remaining claims on appeal. Hence, there remain no allegations of errors of fact or law for appellate consideration. 2. The appeal concerning entitlement to a total disability rating based on individual unemployability (TDIU) is dismissed. In an April 2020 decision, the Court of Appeals for Veterans' Claims (CAVC) found that the issue of TDIU was reasonably raised by the Veteran's increased rating claim for PTSD, and therefore was on appeal. Indeed, a TDIU rating was granted in a May 2021 Rating Decision, effective May 12, 2014 the beginning of the period on appeal. This represents a full grant of the benefit sought on appeal, and the issue is no longer before the Board. See Shoen v. Brown, 6 Vet. App. 456, 457 (1994). Further, in the June 2021 filing, the Veteran's attorney voiced satisfaction with the grant of a TDIU from May 12, 2014 onward. Therefore, there remains no issue currently before the Board, and the appeal is dismissed. A. SOLOMON Acting Veterans Law Judge Board of Veterans' Appeals Attorney for the Board Z. Maskatia 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.