Citation Nr: A24029728 Decision Date: 06/06/24 Archive Date: 06/06/24 DOCKET NO. 200506-86784 DATE: June 6, 2024 ORDER Entitlement to an effective date earlier than December 31, 2019, for the grant of service connection for posttraumatic stress disorder (PTSD) is dismissed. Entitlement to an extension of a temporary total evaluation for PTSD based upon hospitalization is dismissed. Entitlement to an initial rating in excess of 70 percent from February 1, 2020, for PTSD is dismissed. Entitlement to a total disability rating based on individual unemployability (TDIU) is dismissed. FINDINGS OF FACT 1. In a May 2024 correspondence, prior to the promulgation of a decision in this appeal, the Veteran, through his attorney, requested to withdraw his appeal for his PTSD related claims. 2. The Veteran's withdrawal of his increased rating claim for PTSD encompassed the part and parcel TDIU claim. CONCLUSIONS OF LAW 1. The criteria for withdrawal of the appeal as to entitlement to an effective date earlier than December 31, 2019, for the grant of service connection for PTSD by the Veteran, through his authorized representative, have been met. 38 U.S.C. § 7105; 38 C.F.R. § 20.205. 2. The criteria for withdrawal of the appeal as to entitlement to an extension of a temporary total evaluation for PTSD based upon hospitalization by the Veteran, through his authorized representative, have been met. 38 U.S.C. § 7105; 38 C.F.R. § 20.205. 3. The criteria for withdrawal of the appeal as to entitlement to an initial rating in excess of 70 percent from February 1, 2020, for PTSD by the Veteran, through his authorized representative, have been met. 38 U.S.C. § 7105; 38 C.F.R. § 20.205. 4. The criteria for withdrawal of the appeal as to entitlement to a TDIU by the Veteran, through his authorized representative, have been met. 38 U.S.C. § 7105; 38 C.F.R. § 20.205. REASONS AND BASES FOR FINDINGS AND CONCLUSIONS The Veteran served on active duty from July 1978 to March 1980. This matter comes before the Board of Veterans' Appeals (Board) on appeal from an April 2020 rating decision issued by a Department of Veterans Affairs (VA) Regional Office (RO). In the May 2020 VA Form 10182, Decision Review Request: Board Appeal (Notice of Disagreement), the Veteran elected the Hearing docket. 1. Entitlement to an effective date earlier than December 31, 2019, for the grant of service connection for PTSD. 2. Entitlement to an extension of a temporary total evaluation for PTSD based upon hospitalization. 3. Entitlement to an initial rating in excess of 70 percent from February 1, 2020, for PTSD. 4. Entitlement to a TDIU. 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 an authorized representative. Id. In the present case, the Veteran has withdrawn this appeal. By way of history, in the April 2020 rating decision on appeal, the Veteran was granted service connection for PTSD and assigned a temporary evaluation of 100 percent from December 31, 2019, because of hospitalization over 21 days. A 70 percent rating was assigned from February 1, 2020. In the May 2020 VA Form 10182, the Veteran indicated he was appealing the ratings and effective dates assigned for PTSD and raised the issue of entitlement to a TDIU as part of his claim for an increased rating for PTSD pursuant to Rice v. Shinseki, 22 Vet. App. 447 (2009). The Veteran was scheduled for a hearing before the undersigned Veterans Law Judge (VLJ) on April 16, 2024. During a hearing for a separate appeal scheduled the same day, the Veteran and his attorney advised the undersigned VLJ that he decided to withdraw the issues in connection with this appeal. Subsequently, in a May 2024 correspondence, the Veteran's attorney confirmed that the Veteran wished to withdraw "the PTSD and temporary evaluation for PTSD/hospitalization claims." The Board finds the Veteran's withdrawal of his PTSD claims reasonably encompassed the part and parcel TDIU claim. As there remain no allegations of errors of fact or law for appellate consideration, the Board does not have jurisdiction to review the appeal and it is dismissed. KELLI A. KORDICH Veterans Law Judge Board of Veterans' Appeals Attorney for the Board C. Bruce, 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.