Citation Nr: 21042109
Decision Date: 07/12/21	Archive Date: 07/12/21

DOCKET NO. 16-24 827A
DATE: July 12, 2021

ORDER

A compensable rating for posttraumatic stress disorder (PTSD), from November 25, 2014 to September 28, 2018; and a rating in excess of 50 percent, thereafter, is dismissed.

A rating in excess of 10 percent for a painful chest scar is dismissed.

A compensable rating for three chest scars is dismissed.  

 

FINDINGS OF FACT

In May 2021, the Veteran withdrew his increased rating claims on appeal.  

CONCLUSIONS OF LAW

The criteria for withdrawal have been met. 38 U.S.C. § 7105; § 19.55.

REASONS AND BASES FOR FINDINGS AND CONCLUSIONS

The Veteran served on active duty from October 1967 to October 1969.  

The Veteran was issued a statement of the case (SOC) regarding the issues on appeal, on April 7, 2016.  Since the issuance of the April 2016, new VA treatment records and a VA examination reports for PTSD and scars were associated with the Veteran's claims file.  VA sent the Veteran correspondence in April 2021, asking whether he wanted the Agency of Original Jurisdiction (AOJ) to review the new evidence, or whether he wanted to waive AOJ review and have the Board review the evidence in the first instance.  The Veteran provided correspondence in May 2021, stating that he wished to withdraw his appeal.  

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  An appeal may be withdrawn as to any or all issues involved in the appeal at any time before the Board promulgates a decision. § 19.55. Withdrawal may be made by the Veteran or by his authorized representative. § 19.55.

The Board finds that the Veteran's withdrawal is "explicit, unambiguous, and done with a full understanding of the consequences of such action on the part of the claimant."  DeLisio v. Shinseki, 25 Vet. App. 45, 57 (2011); see also Acree v O'Rourke, 891 F.3d 1009 (Fed. Cir. 2018).  This was the express statement made by the Veteran.

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.

 

 

Corey Bosely

Acting Veterans Law Judge

Board of Veterans' Appeals

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 This decision is not precedential and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.