Citation Nr: 22063167
Decision Date: 11/10/22	Archive Date: 11/10/22

DOCKET NO. 18-35 623
DATE: November 10, 2022

ORDER

The appeal is dismissed.

FINDING OF FACT

On June 6, 2018, prior to the promulgation of a decision in the appeal, the Board received notice from the Veteran requesting a withdrawal of the issue in this appeal.

CONCLUSION OF LAW

The criteria for withdrawal of an appeal by the Veteran have been met.  38 U.S.C. § 7105; 38 C.F.R. § 19.55.

REASONS AND BASES FOR FINDING AND CONCLUSION

The Veteran served on active duty from April 1969 to April 1971. 

This matter is on appeal to the Board of Veterans Appeals (Board) from a February 2016 rating decision issued by a Department of Veterans Affairs (VA) Regional Office (RO) that continued a 30 percent rating for posttraumatic stress disorder (PTSD). 

In a May 2018 rating decision, a higher 50 percent rating for PTSD was granted, effective October 14, 2015, the date of the claim for the increased rating.  A May 2018 SOC was issued on the same date.  

The Veteran subsequently submitted an Appeals Satisfaction Notice on June 6, 2018 stating "I have received the recent correspondence regarding the decision to grant one or more of my decisions on appeal. Based on the decision rendered, I am satisfied and wish to withdraw all remaining issues associated with this appeal." The Board notes that despite this communication, the Veteran's representative filed a VA Form 9: Appeal to the Board of Veterans Appeals on July 2, 2018. However, the Board further notes that the Veteran followed the VA Form 9 with a July 25, 2018, Correspondence in which he states "I am happy with the rating decision I received in May of this year. I did not approve of the Form 9 that was filed on 7/2/2018. Please withdraw the Form 9 and any issues associated with it." 

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 An appeal may be withdrawn as to any or all issues involved in the appeal at any time before the Board promulgates a decision. 38 C.F.R. § 19.55.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. 38 C.F.R. § 19.55.  

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Based on the above, the Board finds that the Veteran has withdrawn the issue in this appeal and, hence, there remain no allegations of errors of fact or law for appellate consideration.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.

 

 

Lesley Rein 

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	Breslin, Jenna D.

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.