Citation Nr: 21062154
Decision Date: 10/06/21	Archive Date: 10/06/21

DOCKET NO. 18-53 406
DATE: October 6, 2021

ORDER

The appeal regarding entitlement to service connection for headaches is dismissed.

The appeal regarding entitlement to an initial disability rating higher than 30 percent for adjustment disorder with depressed mood is dismissed.

FINDING OF FACT

On September 30, 2021, prior to the promulgation of a decision in the appeal, the Veteran withdrew his appeal.

CONCLUSION OF LAW

1.  The criteria for withdrawal of the Veteran's appeal concerning the issue of entitlement to service connection for headaches are met.  38 U.S.C. § 7105; 38 C.F.R. § 19.55.

2.  The criteria for withdrawal of the Veteran's appeal concerning the issue of entitlement to an initial disability rating higher than 30 percent for adjustment disorder with depressed mood are met.  38 U.S.C. § 7105; 38 C.F.R. § 19.55.

REASONS AND BASES FOR FINDING AND CONCLUSION

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  An appeal may be withdrawn as to any or all issues involved in the appeal at any time before the Board promulgates a decision.  38 C.F.R. § 19.55 (legacy).  Withdrawal may be made by the appellant or by his or her authorized representative.  38 C.F.R. § 19.55.  In the present case, the Veteran has withdrawn this appeal and, hence, there remain no allegations of error of fact or law for appellate consideration.  Accordingly, the Board does not have jurisdiction to review the appeal and it is dismissed.

 

 

DONNIE R. HACHEY

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	D.S. Lee

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 This decision is not precedential and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.