Citation Nr: 21063643
Decision Date: 10/15/21	Archive Date: 10/15/21

DOCKET NO. 20-23 665
DATE: October 15, 2021

ORDER

Entitlement to an extraschedular rating for migraines in excess of 50 percent is dismissed.

FINDING OF FACT

Per the August 2021 motion to dismiss, prior to the promulgation of the present Board decision, the Veteran asked to withdraw the instant appeal, including entitlement to an extraschedular rating for migraines in excess of 50 percent. 

CONCLUSION OF LAW

The criteria for withdrawal of the issue of an extraschedular rating for migraines in excess of 50 percent have been met. 38 U.S.C. § 7105; 38 C.F.R. § 19.55. 

REASONS AND BASES FOR FINDING AND CONCLUSION

Entitlement to an extraschedular rating for migraines in excess of 50 percent is dismissed.

The Veteran served on active duty from May 2012 to April 2013. This matter is on appeal from a November 2018 rating decision issued by the Regional Office (RO). A notice of disagreement was filed in December 2018. A statement of the case was issued in March 2020. The Veteran filed a substantive appeal (VA Form 9) in May 2020. 

Under 38 U.S.C. § 7105, the Board may dismiss any appeal that fails to allege a specific error of fact or law in the determination being appealed. A veteran may withdraw a substantive appeal by telling the Board of the decision to withdraw either in writing or on the record at a Board personal hearing. 38 C.F.R. § 19.55.

Per the August 2021 written motion to dismiss, prior to the promulgation of the present Board decision, the Veteran asked to withdraw the instant appeal, including the question of an extraschedular rating for migraines in excess of 50 percent. As this issue has been withdrawn, there remains no allegations of errors of fact or law for appellate consideration. As the Board does not have jurisdiction to review the issue on appeal, the issue must be dismissed.

 

 

J. PARKER

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	D. Costantino, 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 This decision is not precedential and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.