Citation Nr: 19166380
Decision Date: 08/27/19	Archive Date: 08/27/19

DOCKET NO. 17-02 296
DATE: August 27, 2019

ORDER

The claim for an initial rating higher than 40 percent for fibromyalgia is dismissed.

The claim for an initial rating higher than 20 percent for posttraumatic epilepsy is dismissed.

FINDING OF FACT

In January 2019, prior to the promulgation of a decision in the appeal, the appellant requested a withdrawal of the claims on appeal.

CONCLUSIONS OF LAW

1. The criteria for withdrawal of the appeal for entitlement to an initial rating higher than 40 percent for fibromyalgia are met. 38 U.S.C. § 7105(b) (2), (d) (5); 38 C.F.R. § 20.204.

2. The criteria for withdrawal of the appeal for entitlement to an initial rating higher than 20 percent for posttraumatic epilepsy are met. 38 U.S.C. § 7105(b) (2), (d) (5); 38 C.F.R. § 20.204.

REASONS AND BASES FOR FINDINGS AND CONCLUSIONS

The Veteran served on active duty from June 1979 to June 1983. This case comes before the Board of Veterans’ Appeals (Board) on appeal from a May 2014 rating decision issued by the Department of Veterans Affairs (VA) Regional Office (RO).

In March 2018, the Board remanded claims for entitlement to service connection for disabilities of the thoracolumbar spine and right hip. The agency of original jurisdiction (AOJ) is still developing these claims and the current decision of the Board does not affect them. They claims for service connection will be addressed by the Board at a later date when they return from remand development.

Dismissal

1. Entitlement to an initial rating higher than 40 percent for fibromyalgia.

2. Entitlement to an initial rating higher than 20 percent for posttraumatic epilepsy.

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 An appeal may be withdrawn as to any or all issues involved in the appeal at any time before the Board promulgates a decision. 38 C.F.R. § 20.204.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 or her authorized representative. 38 C.F.R. § 20.204. In January 2019, the Veteran withdrew the claims for higher initial ratings for fibromyalgia and posttraumatic epilepsy. Hence, there remains no allegations of errors of fact or law for appellate consideration. 

Accordingly, the Board does not have jurisdiction to review the appeal with respect 

 

to the claims and they are dismissed.

 

 

M. H. HAWLEY

Veterans Law Judge

Board of Veterans’ Appeals

Attorney for the Board	M. Riley, 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.