Citation Nr: 22018165
Decision Date: 03/28/22	Archive Date: 03/28/22

DOCKET NO. 19-08 209
DATE: March 28, 2022

ORDER

The appeal of the issue of the disability evaluation for post-traumatic stress disorder (PTSD) is dismissed.

The appeal of the issue of the disability evaluation for lumbar spine strain (back disability) is dismissed.

FINDING OF FACT

In a February 2022 statement, prior to the promulgation of this decision in the appeal, the Veteran withdrew his appeal of the issues of the evaluation of his PTSD and back disability.  

CONCLUSIONS OF LAW

1. The criteria for dismissal of the appeal of the issue of evaluation of PTSD are met.  38 U.S.C. § 7105; 38 C.F.R. § § 19.55.

2. The criteria for dismissal of the appeal of the issue of evaluation of a back disability are met.  38 U.S.C. § 7105; 38 C.F.R. § 19.55.

REASONS AND BASES FOR FINDING AND CONCLUSIONS

The Veteran served on active duty from October 1986 to October 1988, September 1992 to January 1993 and February 2003 to May 2004.  

This matter comes before the Board of Veterans' Appeals (Board) on appeal from March 2018 and November 2018 rating decisions by the Department of Veterans Affairs (VA) Regional Office (RO) in Des Moines, Iowa.  

In February 2022, prior to a hearing or decision on this appeal, the Veteran's representative submitted a written statement indicating that the Veteran wished to withdraw the 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  An appeal may be withdrawn as to any or all issues involved in the appeal at any time before the Board promulgates a decision. 38 C.F.R. § 19.55. Withdrawal may be made by the appellant or his or her authorized representative. Id.  

The February 2022 written statement contained the Veteran's name, claims file number and a specific indication that the Veteran wished to withdraw the appeal. 38 C.F.R. § 19.55(b)(1); Hembree v. Wilkie, 33 Vet. App. 1, 6 (2020).  The Board thus concludes that the Veteran has withdrawn the appeal of the evaluation of his PTSD and back disability.  38 U.S.C. § 7105(d).  Accordingly, the Board does not have jurisdiction to review the issues and the appeal is dismissed.   

 

 

S.C. KREMBS

Veterans Law Judge

Board of Veterans' Appeals

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 This decision is not precedential and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.