Citation Nr: 18123988
Decision Date: 08/03/18	Archive Date: 08/03/18

DOCKET NO. 13-32 648
DATE:	August 3, 2018
ORDER
The appeal seeking an initial evaluation in excess of 70 percent for posttraumatic stress disorder (PTSD) is dismissed.
FINDING OF FACT
In a May 2018 communication, prior to the promulgation of a Board decision, the Veteran stated that he was satisfied with his current 70 percent rating for his service-connected PTSD.   
CONCLUSION OF LAW
The criteria for withdrawal of the appeal seeking an evaluation in excess of 70 percent for PTSD have been met.  38 U.S.C. § 7105; 38 C.F.R. §§ 20.202, 20.204.
REASONS AND BASES FOR FINDING AND CONCLUSION
The Veteran served on active duty from October 2001 to August 2002.  This matter is on appeal from an August 2011 decision.  The issue on appeal was remanded in September 2017 for further development.  
An issue of entitlement to a total disability rating based on individual unemployability (TDIU) was also remanded in September 2017 for further development.  A May 2018 rating decision granted the Veteran entitlement to TDIU, effective November 30, 2011 (the day following his last day of employment).  Consequently, that matter is not before the Board.
In November 2016, the Veteran testified at a hearing before a different Veterans Law Judge and the transcript of the hearing is of record.  Generally, the Veterans Law Judge who conducts the hearing decides the appeal.  38 C.F.R. § 20.707.  However, as will be detailed below, the Veteran has indicated he is satisfied with the current rating for his service-connected PTSD; therefore, the appeal is being dismissed and a final decision on the merits of the appeal will not be rendered.   
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  An appeal may be withdrawn as to any or all issues involved in the appeal at any time before the Board promulgates a decision.  38 C.F.R. § 20.204.  Withdrawal may be made by the appellant or by his authorized representative.  Id. 
In a May 2018 rating decision, the Veteran was awarded an increased rating for his service-connected PTSD to 70 percent, effective October 4, 2010, the date of receipt of the original claim for benefits.  The Veteran was also awarded a total disability evaluation based on individual unemployability (TDIU) and Dependents’ Educational Assistance benefits effective November 30, 2011, the day following his last date of full time employment.  
Although a claimant is presumed to be seeking the maximum benefit available by law, he may choose to limit the claim to a lesser benefit.  AB v. Brown, 6 Vet. App. 35 (1993); Hamilton v. Brown, 4 Vet. App. 528, 544 (1993).  Following the issuance of the May 2018 rating decision and prior to a Board decision in this matter; the Veteran, in a May 2018 statement, stated that he was satisfied with his current 70 percent rating for his service-connected PTSD.   
Consequently, there is no longer an allegation of error of fact or law with respect to the issue of entitlement to an evaluation in excess of 70 percent for PTSD.  Accordingly, the Board does not have jurisdiction to review the appeal with regards to this claim, and it is dismissed.  38 U.S.C. § 7105(d); 38 C.F.R. § 20.204(b).   
 
M. SORISIO
Veterans Law Judge
Board of Veterans’ Appeals
ATTORNEY FOR THE BOARD	Bonnie Yoon, Counsel 

For A Complete Guide To VA Disability Claims and to find out more about your potential VA disability case and how to obtain favorable VA Rating Decision! Visit: VA-Claims.org

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