Citation Nr: A25035981 Decision Date: 04/18/25 Archive Date: 04/18/25 DOCKET NO. 210210-139545 DATE: April 18, 2025 ORDER Entitlement to a disability rating, in excess of 40 percent, for the Veteran's chronic thoracolumbar strain is dismissed. The Supplemental Claim seeking readjudication of entitlement to service connection for posttraumatic stress disorder (PTSD) is dismissed. FINDING OF FACT On December 4, 2024, prior to the promulgation of a decision, the Veteran's attorney submitted written correspondence seeking to withdraw the appeal under docket number 210210-139545 in its entirety. CONCLUSIONS OF LAW 1. The criteria for dismissal of entitlement to a disability rating, in excess of 40 percent, for the Veteran's chronic thoracolumbar strain have been met. 38 U.S.C. § 7105; 38 C.F.R. § 20.205. 2. The criteria for dismissal of the Supplemental Claim seeking readjudication of entitlement to service connection for PTSD have been met. 38 U.S.C. § 7105; 38 C.F.R. § 20.205. REASONS AND BASES FOR FINDING AND CONCLUSIONS The Veteran served on active duty from March 1974 to April 1978. In the February 2021 VA Form 10182, Decision Review Request: Board Appeal (Notice of Disagreement), the Veteran elected the Board of Veterans' Appeals' (Board) Hearing docket. On December 4, 2024, the Veteran appeared for a Board hearing related to other appeals, and on the record, it was discussed that the Veteran intended to withdraw the claims in this appeal, and thus, formal testimony was not taken on the issues. The Veteran's attorney's pending request for a copy of the electronic claims file was fulfilled in April 2025. 1. Entitlement to a disability rating in excess of 40 percent for the Veteran's chronic thoracolumbar strain is dismissed. 2. The Supplemental Claim seeking readjudication of entitlement to service connection for PTSD is dismissed. 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 An appeal may be withdrawn as to any or all issues involved in the appeal at any time before the Board promulgates a decision. 38 C.F.R. § 20.205.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. A written withdrawal must be in writing and include (1) the name of the Veteran or the name of the Claimant or Appellant if other than the Veteran, (2) the applicable VA file number, and (3) a statement that the appeal is withdrawn. If the appeal involves multiple issues, the withdrawal must specify that the appeal is withdrawn in its entirety or list the issue(s) withdrawn from the appeal. 38 C.F.R. § 20.205(b)(1). In correspondence received on December 4, 2024, the Veteran's attorney indicated that the Veteran wished to withdraw the Board appeal under docket number 210210-139545 in its entirety. Specifically, the attorney stated: My client, [REDACTED], was scheduled for a hearing this morning with Veterans Law Judge Cynthia Bruce. One of the three dockets, 210210-139545, contained issues that were redundant or moot. Thus, on behalf of Mr. [REDACTED] we can officially withdraw the appeals for those issues. This statement contained the Veteran's name, his file number, and a statement signed by his attorney clearly and unambiguously withdrawing the appeal for all claims in docket number 210210-139545. See Hembree v. Wilkie, 33 Vet. App. 1 (2020). Because the regulatory requirements of 38 C.F.R. § 20.205 have been met, the Veteran has withdrawn the issues on appeal, and there remain no allegations of error of fact or law for appellate consideration. Accordingly, the Board does not have further adjudicative authority to consider the matters, and the appeal is dismissed. The Veteran's remaining Board appeals have been docketed separately and shall be the subject of future Board decisions, if otherwise in order. Cynthia M. Bruce Veterans Law Judge Board of Veterans' Appeals Attorney for the Board M. Galante, 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.