Citation Nr: 24005285
Decision Date: 02/01/24	Archive Date: 02/01/24

DOCKET NO. 20-28 787
DATE: February 1, 2024

ORDER

Entitlement to a disability rating in excess of 70 percent for post-traumatic stress disorder (PTSD) is dismissed.

FINDING OF FACT

On September 8, 2023, prior to the promulgation of a decision in the appeal, the Board received notification from the Veteran that a withdrawal of this appeal is requested.

CONCLUSION OF LAW

The criteria for withdrawal of the appeal for entitlement to a disability rating in excess of 70 percent for PTSD 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  An appeal may be withdrawn as to any or all issues involved in the appeal at any time before the Board promulgates a decision.  38 C.F.R. § 19.55.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.  38 C.F.R. § 19.55. 

In the present case, the claim noted on the title page was withdrawn by the Veteran in September 2023.  On September 8, 2023, the Veteran called the Department of Veterans Affairs (VA), which is memorialized in a VA Form 21-0820 (Report of General Information), stating that he would like to remove his appeal which was originally submitted in a Notice of Disagreement in November 2018.   The Report of General Information contained the Veteran's name and file number.  The VA personnel also checked a box acknowledging that the Veteran was informed that the VA personnel is a VA employee authorized to receive or request information or statements that may result in a change of benefits, and that the primary purpose for gathering information or statement was to make an eligibility determination.

The Board finds that the criteria for a withdrawal of the appeal are met.  The writing component is satisfied by the VA memorialization of the phone conversation via a General Report of Contact prepared contemporaneous in time with the phone call.  See Hanson v. Brown, 9 Vet. App. 29 (1996) (accepting a Report of Contact as satisfying withdrawal criteria).  As noted, this report of contact contained all necessary information identified in 38 C.F.R. § 19.55.  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.

 

 

P.M. DILORENZO

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	S. M. Stedman, Associate 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.