Citation Nr: 20056466
Decision Date: 08/26/20	Archive Date: 08/26/20

DOCKET NO. 14-32 890
DATE: August 26, 2020

ORDER

Entitlement to an evaluation in excess of 30 percent for migraine headaches is dismissed.

FINDING OF FACT

In April 2020, prior to the promulgation of a decision in the appeal, the Board received notification from the Veteran that a withdrawal of his appeal with respect to an evaluation in excess of 30 percent for migraine headaches is requested. He is represented and is presumed aware of the outcome of the decision to withdraw the appeal.  

CONCLUSION OF LAW

The criteria for dismissal of entitlement to an evaluation in excess of 30 percent for migraine headaches have been met. 38 U.S.C. § 7105 (2012); 38 C.F.R. § 20.205 (2019).

REASONS AND BASES FOR FINDING AND CONCLUSION

The Veteran had active duty service from June 1966 to June 1969 and from July 1971 to December 1989. 

In June 2015, the Veteran and his spouse testified at a videoconference hearing before the undersigned Veterans Law Judge. A transcript of that hearing is of record.

In April 2018, the Board dismissed a claim of entitlement to service connection for an acquired psychiatric disorder and remanded the claim for an evaluation in excess of 10 percent for migraine headaches for evidentiary development. 

The Board observes that during development, a March 2020 rating decision increased the Veteran’s evaluation for migraine headaches to 30 percent disabling, effective January 17, 2013 (date VA received a claim for benefits). Therefore, the appeal with respect to this issue has been recharacterized to reflect the increased rating now assigned. 

Entitlement to an evaluation in excess of 30 percent for migraine headaches is dismissed.

Under 38 U.S.C. § 7105, the Board may dismiss any appeal which fails to allege a specific error of fact or law in the determination being appealed. A substantive appeal may be withdrawn in writing at any time before the Board promulgates a decision. 38 C.F.R. §§ 20.202, 20.204(b) (2019). Except for appeals withdrawn on the record at a hearing, appeal withdrawals must be in writing. 38 C.F.R. § 20.204(c).

In the present case, in an April 2020 correspondence, the Veteran requested to withdraw his appeal concerning the issue of entitlement to an evaluation in excess of 30 percent for migraine headaches. As he is represented and they reached the decision jointly, he is presumed to be aware of the effects of this action. 

 

Accordingly, the Board does not have jurisdiction to review the appeal with respect to the appeal and it is dismissed.

 

 

MICHAEL D. LYON

Veterans Law Judge

Board of Veterans’ Appeals

Attorney for the Board	M. Miller, Associate 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.