Citation Nr: 21002914 Decision Date: 01/19/21 Archive Date: 01/19/21 DOCKET NO. 16-07 662 DATE: January 19, 2021 ORDER From March 6, 2014, entitlement to a rating greater than 30 percent for headaches is dismissed. From March 6, 2014, entitlement to a rating greater than 20 percent for a lumbar spine disorder is dismissed. From March 6, 2014 to January 7, 2020, entitlement to a rating greater than 20 percent for temporomandibular joint dysfunction (TMJ) is dismissed. From January 8, 2020, entitlement to a rating greater than 40 percent for TMJ is dismissed. From March 6, 2014, entitlement to a rating greater than 10 percent for radiculopathy, right lower extremity, is dismissed. From March 6, 2014, entitlement to a rating greater than 10 percent for metatarsophalangeal joint arthritis, great toe of the right foot, is dismissed. From March 6, 2014, entitlement to a rating greater than 10 percent for left foot bursitis is dismissed. From March 6, 2014 to August 3, 2020, entitlement to a compensable rating for traumatic brain injury (TBI) is dismissed. From August 4, 2020, entitlement to a rating greater than 10 percent for TBI is dismissed. Entitlement to a total disability rating based upon individual unemployability (TDIU) is dismissed. FINDING OF FACT On November 16, 2020, prior to the promulgation of a decision in his appeal, the Veteran withdrew his appeal for the issues of entitlement to an increased evaluation for migraine headaches, lumbar spine disability, TMJ, right lower extremity radiculopathy, right great toe metatarsophalangeal joint arthritis, left foot bursitis, and TBI, as well as a TDIU . Therefore, no questions of fact or law remain before the Board. CONCLUSIONS OF LAW 1. The criteria for withdrawal of the Veteran’s Substantive Appeal have been met with regard to the claim of entitlement to a rating greater than 30 percent for headaches from March 6, 2014. 38 U.S.C. §§ 7104, 7105(d)(5); 38 C.F.R. §§ 20.104, 20.205. 2. The criteria for withdrawal of the Veteran’s Substantive Appeal have been met with regard to the claim of entitlement to a rating greater than 20 percent for a lumbar spine disorder from March 6, 2014. 38 U.S.C. §§ 7104, 7105(d)(5); 38 C.F.R. §§ 20.104, 20.205. 3. The criteria for withdrawal of the Veteran’s Substantive Appeal have been met with regard to the claim of entitlement to a rating greater than 20 percent for TMJ from March 6, 2014 to January 7, 2020. 38 U.S.C. §§ 7104, 7105(d)(5); 38 C.F.R. §§ 20.104, 20.205. 4. The criteria for withdrawal of the Veteran’s Substantive Appeal have been met with regard to the claim of entitlement to a rating greater than 40 percent for TMJ from January 8, 2020. 38 U.S.C. §§ 7104, 7105(d)(5); 38 C.F.R. §§ 20.104, 20.205. 5. The criteria for withdrawal of the Veteran’s Substantive Appeal have been met with regard to the claim of entitlement to a rating greater than 10 percent for radiculopathy, right lower extremity, from March 6, 2014. 38 U.S.C. §§ 7104, 7105(d)(5); 38 C.F.R. §§ 20.104, 20.205. 6. The criteria for withdrawal of the Veteran’s Substantive Appeal have been met with regard to the claim of entitlement to a rating greater than 10 percent for metatarsophalangeal joint arthritis, great toe of the right foot, from March 6, 2014. 38 U.S.C. §§ 7104, 7105(d)(5); 38 C.F.R. §§ 20.104, 20.205. 7. The criteria for withdrawal of the Veteran’s Substantive Appeal have been met with regard to the claim of entitlement to a rating greater than 10 percent for left foot bursitis from March 6, 2014. 38 U.S.C. §§ 7104, 7105(d)(5); 38 C.F.R. §§ 20.104, 20.205. 8. The criteria for withdrawal of the Veteran’s Substantive Appeal have been met with regard to the claim of entitlement to a compensable rating for TBI from March 6, 2014 to August 3, 2020. 38 U.S.C. §§ 7104, 7105(d)(5); 38 C.F.R. §§ 20.104, 20.205. 9. The criteria for withdrawal of the Veteran’s Substantive Appeal have been met with regard to the claim of entitlement to a rating greater than 10 percent for TBI August 4, 2020. 38 U.S.C. §§ 7104, 7105(d)(5); 38 C.F.R. §§ 20.104, 20.205. 10. The criteria for withdrawal of the Veteran’s Substantive Appeal have been meet with regard to the claim of entitlement to a TDIU. 38 U.S.C. §§ 7104, 7105(d)(5); 38 C.F.R. §§ 20.104, 20.205. REASONS AND BASES FOR FINDING AND CONCLUSIONS The Veteran served on active duty from March 1984 to August 2007. This case is before the Board of Veterans’ Appeals (Board) on appeal from a September 2014 rating decision of an Agency of Original Jurisdiction (AOJ) of the Department of Veterans Affairs (VA). Withdrawal of Issues on Appeal The Board has jurisdiction where there is a question of law or fact on appeal to the Secretary. 38 U.S.C. § 7104; 38 C.F.R. § 20.104. Under 38 U.S.C. § 7105, the Board may dismiss any appeal which fails to allege 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. § 20.205. On November 16, 2020, the Veteran withdrew his appeal in writing. His withdrawal was explicit and unambiguous. Therefore, the Board does not have jurisdiction to review the appeal and it is dismissed. Tiffany Dawson Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board M. Sopko, 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.