Citation Nr: 22016249
Decision Date: 03/21/22	Archive Date: 03/21/22

DOCKET NO. 19-17 217
DATE: March 21, 2022

ORDER

Entitlement to a rating in excess of 70 percent disabling for service-connected posttraumatic stress disorder (PTSD) is dismissed. 

Entitlement to a compensable rating for service-connected bilateral hearing loss is dismissed. 

FINDING OF FACT

In a May 2021 statement, prior to the promulgation of a decision in the appeal, the Veteran, through his representative, withdrew all issues on appeal, to include the issues of entitlement to a rating in excess of 70 percent disabling for service-connected PTSD and a compensable rating for service-connected bilateral hearing loss; there are no further allegations of factual or legal error remaining in these matters for appellate consideration.

CONCLUSIONS OF LAW

1.  The criteria for withdrawal of an appeal for entitlement to a rating in excess of 70 percent disabling for service-connected PTSD, by the Veteran have been met; the Board has no further jurisdiction in this matter.  38 U.S.C. § 7105 (b)(2), (d)(5); 38 C.F.R. §§ 20.202, 20.204.

2.  The criteria for withdrawal of an appeal for a compensable rating for service-connected bilateral hearing loss, by the Veteran have been met; the Board has no further jurisdiction in this matter.  38 U.S.C. § 7105 (b)(2), (d)(5); 38 C.F.R. §§ 20.202, 20.204.

REASONS AND BASES FOR FINDING AND CONCLUSIONS

The Veteran served on active duty in the United States Navy from March 1969 to December 1970. 

Entitlement to a rating in excess of 70 percent disabling for service-connected PTSD, and to a compensable rating for service-connected bilateral hearing loss are dismissed. 

The Board has jurisdiction where there is a question of fact or law in any matter which under 38 U.S.C. § 511 (a) is subject to a decision by the Secretary.  38 U.S.C. § 7104.  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  An appeal may be withdrawn by the appellant or by his authorized representative at any time before the Board promulgates a decision in the matter.  38 C.F.R. § 20.204.  A withdrawal of an appeal is effective when received.  38 C.F.R. § 20.204 (b)(3).

In a May 2021 correspondence, the Veteran indicated that he wished to withdraw his claims for entitlement to a rating in excess of 70 percent disabling for service-connected PTSD and a compensable rating for service-connected bilateral hearing loss.  Under the circumstances, the Board finds that it is quite clear that there is no longer any allegation of factual or legal error remaining for appellate consideration with respect to the appeals seeking higher ratings for his service-connected PTSD and hearing loss.  As such, the Board no longer has any 

 

jurisdiction in the matters, and they must be dismissed. 

 

L. M. BARNARD

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	J. Unger, 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.