Citation Nr: 23017444 Decision Date: 03/21/23 Archive Date: 03/21/23 DOCKET NO. 20-07 885 DATE: March 21, 2023 ORDER The appeal with respect to entitlement to a rating in excess of 70 percent for posttraumatic stress disorder (PTSD) is dismissed. The appeal with respect to entitlement to an effective date earlier than December 20, 2017, for the award of a 70 percent rating for PTSD is dismissed. The appeal with respect to entitlement to a total disability rating based on individual unemployability due to service-connected disability (TDIU) prior to December 20, 2017, is dismissed. FINDING OF FACT By correspondence received in March 2022, prior to the promulgation of an appellate decision, the Veteran and his representative indicated that the Veteran wished to withdraw the present appeal. CONCLUSION OF LAW The criteria for withdrawal of an appeal by the Veteran and/or his representative 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 in the United States Marine Corps from January 2008 to June 2012. This matter comes to the Board of Veterans' Appeals (Board) on appeal from a January 2018 rating decision issued by a Department of Veterans Affairs (VA) Regional Office. The Board notes that while the issue of entitlement to a TDIU was not expressly addressed in the January 2018 rating decision on appeal, the Veteran's representative asserted in a November 2018 notice of disagreement (NOD) and a February 2020 VA Form 9 that the issue of entitlement to a TDIU was part and parcel of the Veteran's claim for an increased rating for PTSD pursuant to Rice v. Shinseki, 22 Vet. App. 447 (2009). Therefore, the issue was raised by the record and became part of the Veteran's appeal. In March 2020, while the current appeal was pending, the agency of original jurisdiction (AOJ) granted a TDIU, effective June 1, 2019. In April 2021, the AOJ made the award effective from December 20, 2017. The issue on appeal with respect to TDIU has been characterized accordingly. Dismissal An appeal may be withdrawn as to any or all issues involved in the appeal at any time before the Board promulgates a decision. 38 C.F.R. § 19.55. Only an appellant, or an appellant's authorized representative, may withdraw an appeal. Id. Appeal withdrawals must include the name of the veteran, the name of the claimant or appellant if other than the veteran (e.g., a veteran's survivor, a guardian, or a fiduciary appointed to receive VA benefits on an individual's behalf), the applicable VA file number, and a statement that the appeal is withdrawn. If the appeal involves multiple issues, the withdrawal must specify that the appeal is withdrawn in its entirety or list the issue(s) withdrawn from the appeal. Id. By correspondence received in March 2022, prior to the promulgation of an appellate decision on the matter, the Veteran and his representative indicated that the Veteran wished to withdraw the present appeal in its entirety. The correspondence included the Veteran's name and VA claims file number. Under the circumstances, the Board finds that the requirements for a proper withdrawal have been satisfied. As the Veteran has withdrawn his appeal, there remain no allegations of error of fact or law for appellate consideration. Accordingly, the appeal must be dismissed. DAVID A. BRENNINGMEYER Veterans Law Judge Board of Veterans' Appeals Attorney for the Board S. Ferguson, 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.