Citation Nr: 22017734
Decision Date: 03/26/22	Archive Date: 03/26/22

DOCKET NO. 17-56 837
DATE: March 26, 2022

ORDER

The appeal of a rating in excess of 70 percent for posttraumatic stress disorder (PTSD) prior to February 28, 2018, is dismissed.

An effective date prior to September 29, 2015, for the grant of service connection for PTSD is dismissed. 

FINDINGS OF FACT

1. The Veteran had active duty from October 2001 to October 2004; he has been rated 100 percent disabled since February 2018 and has been rated 100 percent disabled based on unemployability and dependents' educational assistance (DEA) since January 2018.

2. In September 2021, prior to promulgation of a decision on the appeals, the Veteran expressed his intent to withdraw the claims of a rating in excess of 70 percent for PTSD prior to February 28, 2018, and an effective date prior to September 29, 2015, for the grant of service connection for PTSD.

CONCLUSIONS OF LAW

1. The criteria for withdrawal of the claim for a rating in excess of 70 percent for PTSD prior to February 28, 2018, have been met. 38 U.S.C. §§ 7105 (2012); 38 C.F.R. § 20.205 (2021). 

2. The criteria for withdrawal of an effective date prior to September 29, 2015, for the grant of service connection for PTSD. 38 U.S.C. §§ 7105 (2012); 38 C.F.R. § 20.205 (2021).

REASONS AND BASES FOR FINDINGS AND CONCLUSIONS

In September 2021, the Veteran expressed intent to withdraw the claims of a rating in excess of 70 percent for PTSD prior to February 28, 2018, and effective date prior to September 29, 2015, for the grant of service connection for PTSD. No further correspondence was received from her on these issues. Based on the above, she expressed her intent to withdraw the claims in September 2021. As such, the claims are dismissed, and no further adjudicative action will be taken.

Finally, the Veteran has not raised any other issues, nor have any other issues been reasonably raised by the record, for the Board's consideration. See Doucette v. Shulkin, 28. Vet. App. 366, 369-370 (confirming that the Board is not required to address issues unless they are specifically raised by the claimant or reasonably raised by the evidence of record).    

 

 

M. YACOUB

Acting Veterans Law Judge

Board of Veterans' Appeals

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 This decision is not precedential and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.