Citation Nr: 21041085
Decision Date: 07/08/21	Archive Date: 07/08/21

DOCKET NO. 16-15 241
DATE: July 8, 2021

ORDER

The issue of entitlement to service connection for post-traumatic stress disorder (PTSD) is dismissed.

FINDING OF FACT

On July 29, 2020, prior to the promulgation of a decision in the appeal, the Board received notification from the Veteran that a withdrawal of his appeal of the issue of entitlement to service connection for post-traumatic stress disorder (PTSD) is requested.

CONCLUSION OF LAW

The criteria for withdrawal of the issue of entitlement to service connection for post-traumatic stress disorder (PTSD) are met.  38 U.S.C. § 7105; 38 C.F.R. § 19.55.

REASONS AND BASES FOR FINDING AND CONCLUSION

The Veteran had active service in the United States Army from March 1971 to April 1972, including service in Vietnam.

These matters come before the Board of Veterans' Appeals (Board) on appeal from a May 2014 rating decision by a Department of Veterans Affairs (VA) Regional Office (RO). The case was remanded in August 2019 for additional development including a new VA examination; it is again before the Board for further appellate review.

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  An appeal may be withdrawn as to any or all issues involved in the appeal at any time before the Board promulgates a decision. 38 C.F.R. § 19.55.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. Id.  In the present case, the Veteran withdrew his claim for entitlement to service connection for PTSD in a July 29, 2020 appeals satisfaction notice. Therefore, 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.

 

J. B. FREEMAN

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	C. Aubee, 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 This decision is not precedential and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.