Citation Nr: 21004017 Decision Date: 01/25/21 Archive Date: 01/25/21 DOCKET NO. 16-37 318 DATE: January 25, 2021 ORDER The appeal of the issues of entitlement to an evaluation in excess of 40 percent for traumatic brain injury (TBI), entitlement to an evaluation in excess of 10 percent for headaches from October 23, 2008 through April 4, 2017, in excess of 50 percent from April 5, 2017 through March 25, 2020, and in excess of 30 percent for the period beginning March 26, 2020, and entitlement to an evaluation in excess of 70 percent for posttraumatic stress disorder (PTSD) is dismissed. FINDING OF FACT In a November 2020 correspondence, the Veteran requested to withdraw all active claims from appellate status. CONCLUSIONS OF LAW The criteria for withdrawal of a substantive appeal by the Veteran as to the issues of entitlement to increased evaluations for his TBI, headaches and PTSD are met. 38 U.S.C. § 7105; 38 C.F.R. § 19.55. REASONS AND BASES FOR FINDING AND CONCLUSIONS The Veteran served on active duty in the Air National Guard from June 2006 to October 2007 and from January 2008 to September 2010. This matter is before the Board of Veterans’ Appeals (BVA) on appeal from the June 2015 Department of Veterans Affairs (VA) Regional Office (RO) rating decision. The rating decision confirmed and continued the 70 percent disability rating for the service-connected PTSD, the 10 percent disability rating for the service-connected migraine headaches, and the 40 percent disability rating for the service-connected TBI. The Veteran’s Notice of Disagreement (NOD) was received in January 2016. The Statement of the Case was issued in July 2016. In July 2016, the Veteran submitted his VA Form 9, substantive appeal to the Board, indicating that he wished to appeal the issues of increased rating for the service-connected TBI and headaches only. In April 2017, the RO issued a rating decision increasing the disability evaluation for the service-connected headaches to 50 percent effective April 5, 2017. In November 2019, the Board issued a decision finding that all three claims are inextricably intertwined and that in order to properly evaluate the Veteran’s TBI residuals and headaches, an updated examination with respect to PTSD is necessary. Thus, all three claims were remanded for further development and adjudication. Then, RO issued an August 2020 rating decision decreasing the disability evaluation for the service-connected headaches to 30 percent from March 26, 2020. The same day, the RO issues a Supplemental Statement of the Case, and the case has been returned to the Board at this time for further appellate review. In a November 2020 correspondence, prior to any adjudication of the above issues by the Board, the Veteran requested to withdraw his appeal as to the issues of increased rating for the service-connected headaches, TBI, and PTSD. The withdrawal received from the Veteran is explicit, unambiguous, and done with a full understanding of the consequences of such action. 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, and it must be in writing unless the appeal is withdrawn on the record at a hearing. 38 C.F.R. § 20.204. Withdrawal of a claim must be “explicit, unambiguous, and done with a full understanding of the consequences of such action.” See Acree v. O’Rourke, 891 F.3d 1009 (Fed. Cir. 2018); DeLisio v. Shinseki, 25 Vet. App. 45, 47 (2011). Hence there remain no allegations of errors of fact or law for appellate consideration. Accordingly, the Board does not have jurisdiction to review the issues of entitlement to increased rating for the service-connected headaches, TBI, and PTSD, and the claims are dismissed. MARTIN B. PETERS Acting Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board Kuksova, Kseniya 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.