Citation Nr: 22018190
Decision Date: 03/28/22	Archive Date: 03/28/22

DOCKET NO. 17-44 109
DATE: March 28, 2022

ORDER

Entitlement to service connection for back disability is dismissed.

Entitlement to service connection for neck disability is dismissed.

Entitlement to service connection for right upper extremity neuropathy is dismissed.

Entitlement to service connection for left upper extremity neuropathy is dismissed.

Entitlement to service connection for right lower extremity neuropathy is dismissed.

Entitlement to service connection for left lower extremity neuropathy is dismissed.

Entitlement to a rating increase for service connected posttraumatic stress disorder (PTSD), currently rated 70 percent disabling, is dismissed.

Entitlement to a total disability rating due to individual unemployability (TDIU) is dismissed.

FINDING OF FACT

In March 2022, prior to the promulgation of a decision in the appeal, the Veteran withdrew from appeal the issues of entitlement to service connection for back disability, neck disability, right and left upper extremity neuropathy, right and left lower extremity neuropathy, entitlement to a rating increase for PTSD, and entitlement to a TDIU.

CONCLUSION OF LAW

The criteria for withdrawal of an appeal by the Veteran are met.  38 U.S.C. § 7105 (b)(2), (d); 38 C.F.R. §§ 19.55, 20.204.

REASONS AND BASES FOR FINDING AND CONCLUSION

The Veteran served on active duty from May 1966 to April 1969, with service in the Republic of Vietnam.

This matter comes to the Board of Veterans' Appeals (Board) on appeal from December 2014 and April 2015 rating decisions of the Department of Veterans Affairs (VA) Regional Office (RO) which, inter alia and respectively, continued a 70 percent rating for PTSD, denied service connection for back strain, and neck strain; and denied service connection for right and left upper, and right and left lower extremity neuropathy, and denied TDIU.

In June 2015, the Veteran filed his notice of disagreement with the denials of service connection, denial of TDIU, and the denial of a higher rating for PTSD, was issued a statement of the case in July 2017, and in August 2017 perfected his appeal to the Board.

In September 2021, the Board remanded the Veteran's claims for further development, to include new VA examinations and medical opinions.

In January 2022, the RO continued its denials of the Veteran's claims for service connection, and his claim for TDIU, but granted a rating increase for PTSD, evaluating it as 100 percent disabling, effective December 7, 2021, notifying the Veteran in supplemental statement of the case.

Withdrawal of Appeal

The Board may dismiss any appeal which fails to identify the specific determination with which the claimant disagrees.  38 U.S.C. § 7105(d).  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 Veteran or by his or her authorized representative in writing.  Id. 

In the present case, the Veteran executed an Appeals Satisfaction Notice in March 2022, notifying VA that he wished to withdraw all remaining issues associated with his appeal.  The signed Appeals Satisfaction notice constitutes a valid withdrawal of the Veteran's appeal as it complied with the requirement of the applicable regulation by including the name of the Veteran, the applicable VA file number, and a statement that the appeal was withdrawn.  See Hembree v. Wilkie, 33 Vet. App. 1,8 (2020) (holding that written withdrawals need only comply with 38 C.F.R. § 20.204(b), renumbered and currently in effect as 38 C.F.R. § 19.55(b)).

As the Veteran has withdrawn the appeal as to the claims, there remain no allegations with which the claimant disagrees.  Accordingly, dismissal of the appeal is warranted. 

 

Jonathan Hager

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	R. Maddox, 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.