Citation Nr: 18155988
Decision Date: 12/06/18	Archive Date: 12/06/18

DOCKET NO. 13-06 288A
DATE:	December 6, 2018
ORDER
Entitlement to an initial compensable rating for post-concussion syndrome is dismissed.
Entitlement to an initial disability rating greater than 50 percent for tension headaches is dismissed.
FINDING OF FACT
In a written statement received in November 2018 (and dated July 2018), the Veteran expressly withdrew both issues on appeal.
CONCLUSION OF LAW
The criteria for the withdrawal of the appeal have been met. 38 U.S.C. § 7105(b)(2), (d)(5); 38 C.F.R. § 20.204.
 
REASONS AND BASES FOR FINDING AND CONCLUSION
The Veteran served on active duty from June 2003 to December 2009. He testified before the undersigned Veterans Law Judge during a May 2016 video conference hearing and a transcript of that proceeding is of record.  The Board remanded the issues on appeal in August 2016.  In a May 2017 rating decision issued while this appeal was in remand status, the Agency of Original Jurisdiction (AOJ), in part, increased the disability rating assigned for service-connected tension headaches from 0 percent to 50 percent effective December 21, 2009.  The Board has rephrased that issue accordingly in the Order above.
The Board may dismiss any appeal which fails to allege specific errors of fact or law in the determination being appealed. An appeal may be withdrawn as to any or all issues involved in the appeal at any time before the Board promulgates a decision.  38 C.F.R. § 20.204.  Here, in a written statement received in November 2018 (dated July 2018), the Veteran expressly withdrew both issues on appeal.  As there remain no allegations of errors of fact or law for appellate consideration, the Board does not have jurisdiction to review this appeal and it is dismissed.  The Board notes the Veteran has a notice of disagreement pending regarding the rating for his left foot condition and service connection for a respiratory condition, which is awaiting review by a Decision Review Officer at the RO. 
 
MICHELLE L. KANE
Veterans Law Judge
Board of Veterans’ Appeals
ATTORNEY FOR THE BOARD	R. Janofsky, Associate Counsel