Citation Nr: 23017486
Decision Date: 03/21/23	Archive Date: 03/21/23

DOCKET NO. 19-01 546
DATE: March 21, 2023

ORDER

The appeal is dismissed.

FINDING OF FACT

On May 24, 2021, prior to the promulgation of a decision in the appeal, the Board received notification from the appellant that a withdrawal this appeal is requested.

CONCLUSION OF LAW

The criteria for withdrawal of an appeal by the appellant, or his authorized representative, have been met.  38 U.S.C. § 7105; 38 C.F.R. § 19.55.

REASONS AND BASES FOR FINDINGS AND CONCLUSIONS

The Veteran served on active duty from March 1993 to October 1994. 

These matters come before the Board of Veterans' Appeals (Board) on appeal from an August 2017 rating decision issued by the Department of Veterans Affairs (VA) Regional Office (RO).

In December 2020, the Board remanded the issues of entitlement to a disability rating in excess of 70 percent for adjustment disorder with depression, anxiety, and somatic symptom disorder (adjustment disorder) and entitlement to a total disability rating based on individual unemployability due to service-connected disabilities (TDIU) for further development. 

Following the requested development, Supplemental Statements of the Case were issued in April 2021 and May 2021.  However, prior to the return of both issues to the Board in June 2021, the Veteran's prior representative submitted a May 2021 letter to the Board stating that the Veteran "wishes to withdraw the following issues from appellate consideration: (1) PTSD rated at 70% and (2) entitlement to unemployability on the Supplemental Statement of the Case dated April 5, 2021, and May 6, 2021." See May 2021 Correspondence. 

The Board notes that although the representative's statement refers to PTSD rated at 70 percent, the Veteran is not service-connected for PTSD. However, the Veteran is service connected for adjustment disorder which is rated at 70 percent disabling. Additionally, the Board notes that the issue of entitlement to an increased disability rating for adjustment disorder in excess of 70 percent is addressed in the April 2021 and May 2021 Supplemental Statements of the Case. Therefore, it is clear that the withdrawal of "PTSD rated at 70%" refers to the withdrawal of entitlement to an increased disability rating for adjustment disorder in excess of 70 percent.

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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 by his or her authorized representative. 38 C.F.R. § 19.55.  

Based on the above, the Board finds that the Veteran has withdrawn the two issues in this appeal and, hence, there remain no allegations of errors of fact or law for appellate consideration.  Accordingly, the Board does not have jurisdiction to review the appeal and it is dismissed.

 

 

LESLEY A. REIN

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	Breslin, Jenna D.

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.