Citation Nr: 23055428
Decision Date: 10/11/23	Archive Date: 10/11/23

DOCKET NO. 20-11 282
DATE: October 11, 2023

ORDER

The appeal seeking an earlier effective date for the 100 percent rating for posttraumatic stress disorder (PTSD) before February 9, 2019, is dismissed.

FINDING OF FACT

On December 2, 2020, the Veteran's representative withdrew this appeal seeking an earlier effective date for the 100 percent rating for PTSD.

CONCLUSION OF LAW

The criteria for withdrawal of the appeal an earlier effective date for the 100 percent rating for PTSD before February 9, 2019, have been met. 38?U.S.C. §?7105; 38?C.F.R. §?19.55.

REASONS AND BASES FOR FINDING AND CONCLUSION

The Veteran served on active duty from March 2010 to August 2012. His appeal comes to the Board of Veterans' Appeals (Board) originally from an April 2017 rating decision that denied entitlement to a rating in excess of 70 percent for PTSD. The Veteran filed a Notice of Disagreement in May 2017, a Statement of the Case was issued in September 2017, and the Veteran filed a timely VA Form 9 substantive appeal in January 2018.

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 An appeal may be withdrawn as to any or all issues involved in the appeal at any time before the Board promulgates a decision. 38?C.F.R. §?19.55.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 Veteran or by his or her authorized representative. 38?C.F.R. §?19.55. Appeal withdrawals must generally include the name of the Veteran, the applicable Department of Veterans Affairs file number, and a statement that the appeal is withdrawn. A withdrawal must be submitted to the Board once the appeal has been transferred to the Board, and withdrawals are effective the date they are received by the Board. 38?C.F.R. §?19.55?(b).

On December 2, 2020, the Board received a letter from the Veteran's attorney requesting that his current claim pending at the Board be withdrawn. In the letter, the Veteran's attorney noted the Veteran had filed a VA Form 9 on March 3, 2020, requesting an earlier effective date for his increased disability for PTSD, and stated that the Veteran would like to withdraw the appeal pending before the Board. The letter included the Veteran's name, his Social Security Number and VA file number, and specified that he wished to withdraw the appeal initiated by the March 3, 2020 VA Form 9. The letter clarified that the Veteran would be filing a separate appeal. 

The requirements for withdrawing the appeal have been met.?38?C.F.R. §?19.55. As no allegations of factual or legal error remain for appellate consideration, the appeal of an earlier effective date for the 100 percent rating for PTSD is dismissed.

 

 

SHAUN S. SPERANZA

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	S. Morse

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.