Citation Nr: 21041885
Decision Date: 07/10/21	Archive Date: 07/10/21

DOCKET NO. 16-28 623
DATE: July 10, 2021

ORDER

The appeal seeking entitlement to ratings for posttraumatic stress disorder (PTSD) in excess of 30 percent prior to March 17, 2021 and in excess of 70 percent from that date is dismissed.

FINDING OF FACT

In June 2021 written correspondence, prior to the promulgation of a Board decision in the appeals in the matter, the Veteran expressed his intent to withdraw his appeals seeking ratings for PTSD in excess of 30 percent prior to March 17, 2021 and in excess of 70 percent from that date; there is no question of fact or law in the matter remaining for the Board to consider.

CONCLUSION OF LAW

The criteria for withdrawal of an appeal are met with respect to the claim seeking increases in the staged rating assigned for PTSD; the Board has no further jurisdiction in this matter.  38 U.S.C. §§ 7104, 7105; 38C.F.R. §19.55.

REASONS AND BASES FOR FINDING AND CONCLUSION

The appellant is a Veteran who served on active duty from January 1966 to January 1969.  These matters are before the Board of Veterans' Appeals (Board) on appeal from an October 2014 (that granted service connection for PTSD, rated 30 percent, effective May 15, 2014) Department of Veterans Affairs (VA) rating decision.  In May 2019, the Board remanded this matter for further evidentiary development.  A May 2021 rating decision increased the rating for PTSD to 70 percent, effective March 17, 2021.  [That rating decision also granted service connection for degenerative disc disease of the spine, resolving that matter.]  

Dismissal

The Board has jurisdiction where there is a question of law or fact on appeal to the Secretary.  38 U.S.C. § 7104; 38C.F.R. §20.104.  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  An appeal may be withdrawn as to any or all issues involved in the appeal at any time before the Board promulgates a decision.  Withdrawal may be made by the appellant or an authorized representative, and must be in writing or on the record at a hearing.  38 C.F.R. § 19.55.

In June 2021, the Veteran submitted an Appeals Satisfaction Notice and requested withdrawal of all remaining issues associated with the appeal in his most recent supplemental statement of the case (SSOC).  A withdrawal of an appeal is effective when received.  38 C.F.R. § 20.204(b)(3).  Accordingly, the claim for an increased rating for PTSD is no longer been on appeal.

The Board finds that the Veteran's statement expressing his intent to withdraw the claim is explicit and unambiguous.  Hembree v. Wilkie, No. 18-3856 (Vet. App. August 31, 2020).  The withdrawal was clear and unambiguous on its face as to intent.  There remains no allegations of error of fact or law for appellate consideration regarding this matter.  

Accordingly, the Board does not have jurisdiction to consider an appeal in the matter, and the appeal in the matter must be dismissed.

 

 

GEORGE R. SENYK

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	S. Griffith

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.