Citation Nr: 1321092	
Decision Date: 07/01/13    Archive Date: 07/12/13

DOCKET NO.  12-08 245	)	DATE
	)
	)

On appeal from the
Department of Veterans Affairs Regional Office in Jackson, Mississippi


THE ISSUES

1.  Entitlement to an initial compensable rating for migraine headache syndrome prior to April 4, 2013, and to a rating higher than 30 percent since.

2.  Entitlement to an initial compensable rating for benign essential hypertension.  


REPRESENTATION

Appellant represented by:	Disabled American Veterans


ATTORNEY FOR THE BOARD

Kristi L. Gunn, Counsel



INTRODUCTION

The Veteran served on active duty from August 1988 to January 1989 and from July 1990 to April 2010.

She appealed to the Board of Veterans' Appeals (Board/BVA) from a May 2011 rating decision of a Department of Veterans Affairs (VA) Regional Office (RO), which, in relevant part, granted her claims of entitlement to service connection for migraine headache syndrome and benign essential hypertension and assigned a 0 percent (i.e., noncompensable) initial rating for each disability retroactively affective from May 1, 2010, the day after the conclusion of her second and final period of military service.  She appealed for higher initial ratings for these disabilities, meaning for compensable ratings.  See Fenderson v. West, 12 Vet. App. 119, 125-26 (1999) (When a Veteran timely appeals an initial rating assigned for a disability upon the granting of service connection for the disability, VA adjudicators must consider whether to "stage" the rating, meaning assign different ratings at different times since the effective date of the award if there have been occasions when the disability has been more severe than at others).

Another RO decision since issued in April 2013, during the pendency of this appeal, increased the rating for the migraine headache syndrome from 0 to 30 percent as of April 4, 2013, the date of a VA compensation examination showing entitlement to this higher rating for this disability.  The increase in the rating for this disability as of that date amounted to a "staging" of the rating for this disability.  Id.  So this claim now concerns whether the Veteran was entitled to an initial compensable rating for this disability prior to April 4, 2013, in other words from May 1, 2010 to April 3, 2013, and whether she has been entitled to a rating higher than 30 percent for this disability since April 4, 2013.  See AB v. Brown, 6 Vet. App. 35, 38-39 (1993) (It is presumed a Veteran is seeking the highest possible ratings for a disability for all time periods at issue, absent express indication to the contrary).


Here, though, as will be explained, the Veteran since has elected to withdraw her appeal for higher ratings for her migraine headache syndrome, also for her benign essential hypertension, so by law the Board is required to summarily dismiss her appeal of these claims.


FINDING OF FACT

On April 25, 2013 and June 17, 2013, prior to promulgating a decision in this appeal, the Board received notification from the Veteran requesting withdrawal of this appeal.  


CONCLUSION OF LAW

The criteria are met for withdrawal of this appeal.  38 U.S.C.A. § 7105(b)(2), (d)(5) (West 2002); 38 C.F.R. § 20.204 (2012).  


REASONS AND BASES FOR FINDING AND CONCLUSION

The Board may dismiss any appeal that fails to allege specific error of fact or law in the determination being appealed.  38 U.S.C.A. § 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 or her authorized representative.  38 C.F.R. § 20.204.   

Here, the Veteran has withdrawn this appeal in two written statements received on April 25, 2013, and June 17, 2013.  Hence, there remain no allegations of errors of fact or law for appellate consideration.  Accordingly, the Board does not have jurisdiction to review this appeal and it is dismissed.  



ORDER
The appeal is dismissed.  



____________________________________________
KEITH W. ALLEN
Veterans Law Judge, Board of Veterans' Appeals



Department of Veterans Affairs