Citation Nr: 23045455
Decision Date: 08/16/23	Archive Date: 08/16/23

DOCKET NO. 20-04 848
DATE: August 16, 2023

ORDER

Entitlement to a rating in excess of 30 percent for service-connected posttraumatic stress disorder (PTSD) prior to July 8, 2019, and 50 percent thereafter, is dismissed.

FINDING OF FACT

Prior to the promulgation of a decision in this appeal, in a July 2020 appeals satisfaction notice, the Veteran withdrew his appeal of the issue of entitlement to an increased rating for service-connected PTSD.

CONCLUSION OF LAW

The criteria for withdrawal of the issue of entitlement to a rating in excess of 30 percent for PTSD prior to July 8, 2019, and 50 percent thereafter, by the Veteran have been met.  38 U.S.C. § 7105; 38 C.F.R. § 19.55.

REASONS AND BASES FOR FINDING AND CONCLUSION

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  An appeal may be withdrawn as to any or all issues involved in the appeal at any time before the Board promulgates a decision.  38 C.F.R. § 19.55.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.  Id.

A written withdrawal must include the name of the veteran, the applicable VA file number, and a statement that the appeal is withdrawn.  See, id.; Hembree v. Wilkie, 33 Vet. App. 1, 2 (2020).  In June 2020, the Veteran was sent a supplemental statement of the case regarding his appeal of the initial rating assigned to his service-connected PTSD.  VA also sent the Veteran a notification in June 2020 stating that his appeal was granted in part, and that if the decision satisfied his claim and he wished to withdraw all remaining issues associated with the appeal, he could sign, date, and submit the attached appeals satisfaction notice.

On July 6, 2020, the Veteran submitted the appeals satisfaction notice which includes his name, claim number, and the following statement: "I have received the recent correspondence regarding the decision to grant one or more of my issues on appeal.  Based on the decision rendered, I am satisfied and wish to withdraw all remaining issues associated with this appeal.  By signing and submitting this form, I am asking to withdraw all remaining issue(s) contained in my recent Statement of the Case (SOC)/Supplemental Statement of the Case (SSOC) and ask the regional office of jurisdiction to discontinue further development actions associated with this appeal."

Based on the above, the Board finds that the Veteran has withdrawn the appeal of the issue of entitlement to a rating in excess of 30 percent for service-connected PTSD prior to July 8, 2019, and 50 percent thereafter.

In finding that the criteria for withdrawal of an appeal have been met, the Board acknowledges that the Veteran's representative submitted an Informal Hearing Presentation (IHP) addressing the issue on appeal in October 2021.  However, that IHP was submitted after the Veteran's appeal withdrawal became effective.  See 38 C.F.R. § 20.205(b)(3) ("An appeal withdrawal is effective when received by the Board.")  Furthermore, both the representative's failure to acknowledge the Veteran's withdrawal of his appeal and the dates on which the withdrawal and the IHP were received suggest that the representative submitted the IHP without knowledge of the Veteran's decision to withdraw the appeal.

In any event, as the Veteran has withdrawn this appeal, 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.

 

 

D. C. JOHNSON

Acting Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	Elias, M

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.