Citation Nr: 21004653 Decision Date: 01/27/21 Archive Date: 01/27/21 DOCKET NO. 20-16 435 DATE: January 27, 2021 ORDER The claim for entitlement to a disability rating in excess of 50 percent for bipolar disorder from July 23, 2018, to October 18, 2018, and in excess of 70 percent for bipolar disorder from October 18, 2018, is dismissed. The claim of entitlement to a disability rating in excess of 30 percent for stress headaches with migraines is dismissed. The claim for entitlement to a rating in excess of 10 percent for left hip limitation of flexion prior to July 18, 2019, and for compensable disability rating for left hip limitation of flexion from July 18, 2019, is dismissed. The claim for entitlement to a compensable disability rating for right hip limitation of flexion from July 23, 2018, is dismissed. The claim for entitlement to a disability rating in excess of 10 percent for left hip trochanteric bursitis is dismissed. The claim of entitlement to a disability rating in excess of 10 percent for right hip trochanteric bursitis is dismissed. The claim for entitlement to an earlier effective date prior to July 23, 2018, for the grant of a 50 percent disability rating for bipolar disorder is dismissed. The claim for entitlement to an earlier effective date prior to July 23, 2018, for a separate disability rating for right hip limitation of flexion is dismissed. The claim for entitlement to an effective date prior to July 23, 2018, for a separate disability rating for left hip limitation of flexion is dismissed. The claim for entitlement to an earlier effective date prior to July 23, 2018, for the grant of a 30 percent disability rating for stress headaches with migraines is dismissed. FINDINGS OF FACT In November 2020, prior to the promulgation of a decision by the Board, the Veteran, through his attorney, submitted correspondence stating that he wished to withdraw from appellate review “all of his issues currently on appeal before the Board [of Veterans’ Appeals].” CONCLUSIONS OF LAW 1. The criteria for withdrawal of the claim for entitlement to a disability rating in excess of 50 percent for bipolar disorder from July 23, 2018 to October 18, 2018 by the Veteran’s attorney have been met. 38 U.S.C. § 7105; 38 C.F.R. § 20.205. 2. The criteria for withdrawal of the claim of entitlement to a disability rating in excess of 70 percent for bipolar disorder from October 18, 2018 by the Veteran’s attorney have been met. 38 U.S.C. § 7105; 38 C.F.R. § 20.205. 3. The criteria for withdrawal of the claim of entitlement to a disability rating in excess of 30 percent for stress headaches with migraines by the Veteran’s attorney have been met. 38 U.S.C. § 7105; 38 C.F.R. § 20.205. 4. The criteria for withdrawal of the claim for entitlement to a compensable disability rating for left hip limitation of flexion from July 18, 2019 by the Veteran’s attorney have been met. 38 U.S.C. § 7105; 38 C.F.R. § 20.205. 5. The criteria for withdrawal of the claim for entitlement to a compensable disability rating for right hip limitation of flexion from July 23, 2018 by the Veteran’s attorney have been met. 38 U.S.C. § 7105; 38 C.F.R. § 20.205. 6. The criteria for withdrawal of the claim for entitlement to a disability rating in excess of 10 percent for left hip limitation of flexion prior to July 18, 2019 by the Veteran’s attorney have been met. 38 U.S.C. § 7105; 38 C.F.R. § 20.205. 7. The criteria for withdrawal of the claim for entitlement to a disability rating in excess of 10 percent for left hip trochanteric bursitis by the Veteran’s attorney have been met. 38 U.S.C. § 7105; 38 C.F.R. § 20.205. 8. The criteria for withdrawal of the claim of entitlement to a disability rating in excess of 10 percent for right hip trochanteric bursitis by the Veteran’s attorney have been met. 38 U.S.C. § 7105; 38 C.F.R. § 20.205. 9. The criteria for withdrawal of the claim for entitlement to an earlier effective date prior to July 23, 2018 for the grant of a 50 percent disability rating for bipolar disorder by the Veteran’s attorney have been met. 38 U.S.C. § 7105; 38 C.F.R. § 20.205. 10. The criteria for withdrawal of the claim for entitlement to an earlier effective date prior to July 23, 2018 for a separate disability rating for right hip limitation of flexion by the Veteran’s attorney have been met. 38 U.S.C. § 7105; 38 C.F.R. § 20.205. 11. The criteria for withdrawal of the claim for entitlement to an effective date prior to July 23, 2018 for a separate disability rating for left hip limitation of flexion by the Veteran’s attorney have been met. 38 U.S.C. § 7105; 38 C.F.R. § 20.205. 12. The criteria for withdrawal of the claim for entitlement to an earlier effective date prior to July 23, 2018 for the grant of a 30 percent disability rating for stress headaches with migraines by the Veteran’s attorney have been met. 38 U.S.C. § 7105; 38 C.F.R. § 20.205. REASONS AND BASES FOR FINDINGS AND CONCLUSIONS The Veteran had active duty service with the United States Army from July 2006 to April 2008. This case comes before the Board of Veteran’s Appeals (Board) on appeal from a September 2018 rating decision of the Department of Veterans Affairs (VA) Regional Office (RO). Withdrawal A substantive appeal may be withdrawn in writing at any time before the Board promulgates a decision. Withdrawal may be made by the Veteran or by his authorized representative. 38 C.F.R. § 20.205(a). In November 2020 correspondence, the Veteran’s attorney stated that he wished to withdraw from appellate review his claims of entitlement to disability ratings in excess of 50 and 70 percent for bipolar disorder before and after October 18, 2018; entitlement to a disability rating in excess of 30 percent for stress headaches with migraines; entitlement to increased ratings for left hip limitation of flexion before and after July 18, 2019; entitlement to a compensable disability rating for right hip limitation of flexion; entitlement to a disability rating in excess of 10 percent for left hip trochanteric bursitis; entitlement to a disability rating in excess of 10 percent for right hip trochanteric bursitis; entitlement to an earlier effective date prior to July 23, 2018 for the grant of a 50 percent disability rating for bipolar disorder; entitlement to an earlier effective date prior to July 23, 2018 for a separate disability rating for right hip limitation of flexion; entitlement to an effective date prior to July 23, 2018 for a separate disability rating for left hip limitation of flexion; and entitlement to an earlier effective date prior to July 23, 2018 for the grant of a 30 percent disability rating for stress headaches with migraines. The Veteran’s attorney expressed, on behalf of the Veteran, clear intent to withdraw the entirety of the claims currently on appeal. A withdrawal is effective when received by the Board. 38 C.F.R. § 20.205(b)(3). As the Veteran has properly withdrawn the appeal prior to a final Board decision, the Board no longer has appellate jurisdiction and can take no further action on this matter. 38 C.F.R. §§ 20.202, 20.204(b), 20.1100(b). WILLIAM H. DONNELLY Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board S. Baxter 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.