Citation Nr: A24029722 Decision Date: 06/06/24 Archive Date: 06/06/24 DOCKET NO. 200710-85686 DATE: June 6, 2024 ORDER The appeal for entitlement to an evaluation in excess of 70 percent for posttraumatic stress disorder (PTSD) with insomnia disorder and alcohol use disorder is dismissed. FINDING OF FACT In April 2021, prior to the promulgation of a decision in the appeal, the Board received notification from the Veteran that a withdrawal of this appeal for entitlement to an evaluation in excess of 70 percent for PTSD with insomnia disorder and alcohol use disorder is requested. CONCLUSION OF LAW The criteria for withdrawal of an appeal for entitlement to an evaluation in excess of 70 percent for PTSD with insomnia disorder and alcohol use disorder by the Veteran have been met. 38 U.S.C. § 7105; 38 C.F.R. § 20.205. REASONS AND BASES FOR FINDING AND CONCLUSION The Veteran served on active duty in the U.S. Army from January 2001 to January 2004. The rating decision on appeal was issued in June 2020 and constitutes an initial decision; therefore, the modernized review system, also known as the Appeals Modernization Act (AMA), applies. In the July 10, 2020 VA Form 10182, Decision Review Request: Board Appeal (Notice of Disagreement) (NOD), the Veteran elected the Hearing docket. Therefore, the Board may only consider the evidence of record at the time of the June 2020 Agency of Original Jurisdiction (AOJ) decision on appeal, as well as any evidence submitted by the Veteran or his representative at the hearing or within 90 days following the hearing. 38 C.F.R. § 20.302(a). If evidence was submitted either (1) during the period after the AOJ issued the decision on appeal and before the scheduled hearing, or (2) more than 90 days after the scheduled hearing, the Board did not consider it in its decision. 38 C.F.R. §§ 20.300, 20.302, 20.801. The Board finds that the Veteran's request for a hearing has been withdrawn, as he has requested a withdrawal of the appeal. If the Veteran would like VA to consider any evidence that was submitted that the Board could not consider, the Veteran may file a Supplemental Claim (VA Form 20-0995) and submit or identify this evidence. 38 C.F.R. § 3.2501. If the evidence is new and relevant, VA will issue another decision on the claim, considering the new evidence in addition to the evidence previously considered. Id. Specific instructions for filing a Supplemental Claim are included with this decision. Dismissal 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. § 20.205. Withdrawal may be made by the appellant or by his or her authorized representative. 38 C.F.R. § 20.205. In the present case, the Veteran has withdrawn this appeal for entitlement to an evaluation in excess of 70 percent for PTSD with insomnia disorder and alcohol use disorder 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 for entitlement to an evaluation in excess of 70 percent for PTSD with insomnia disorder and alcohol use disorder and it is dismissed. LESLEY A. REIN Veterans Law Judge Board of Veterans' Appeals Attorney for the Board Journet Shaw, 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.