Citation Nr: 22015563
Decision Date: 03/18/22	Archive Date: 03/18/22

DOCKET NO. 18-23 096
DATE: March 18, 2022

ORDER

A rating in excess of 50 percent for PTSD to include major depressive disorder is dismissed. 

FINDINGS OF FACT

The Veteran submitted a signed February 2022 statement communicating his intent to withdraw this matter on appeal. 

CONCLUSION OF LAW

The criteria for withdrawal of the claim for a rating in excess of 50 percent for PTSD to include major depressive disorder have been met. 38 U.S.C. § 7105; 38 C.F.R. § 19.55.

REASONS AND BASES FOR FINDINGS AND CONCLUSIONS

The Veteran honorably served in the Army from February 1984 to January 1987. This matter is on appeal from an August 2014 rating decision. 

The Veteran testified before the undersigned Veterans Law Judge (VLJ) at a Board of Veterans' Appeals (Board) hearing in November 2020 and a transcript has been associated with the claims file. 

The Board remanded this claim in addition to service connection claims for hypertension and a lower back disability in October 2021. Those service connection claims have since been granted and are no longer in appellate status. Therefore, the increased rating for PTSD to include major depressive disorder is the only remaining claim before the Board. 

In February 2022, the Veteran submitted a signed statement communicating his desire to withdraw all pending claims and appeals before the Board. This statement was followed by a formal "Motion to Dismiss Appeal" submitted by the Veteran's representative. Accordingly, the appeal is withdrawn in accordance with 38 C.F.R. §20.205. The Board no longer has appellate jurisdiction and can take no further action on this matter. Id. 

 

 

Jennifer White

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	Kyle McKone

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 This decision is not precedential and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.