Citation Nr: 21066348
Decision Date: 10/29/21	Archive Date: 10/29/21

DOCKET NO. 19-03 411
DATE: October 29, 2021

ORDER

1. Entitlement to a compensable disability rating for migraine headaches from August 19, 2016 and in excess of 30 percent from April 22, 2020, to include whether a reduction in rating from 30 percent to 0 percent effective August 19, 2016 was warranted, has been withdrawn and is dismissed.

2. Entitlement to an increased disability rating for posttraumatic stress disorder (PTSD) in excess of 30 percent from August 19, 2016 and in excess of 50 percent from October 12, 2017, to include whether a reduction in rating from 50 percent to 30 percent effective August 19, 2016 was warranted, has been withdrawn and is dismissed.

FINDING OF FACT

In October 2021, prior to a previously scheduled hearing before the Board of Veterans' Appeals (Board) and before the promulgation of a decision in the appeal, the Board received written notification from the Veteran that he wished to "cancel the VA Board Hearing and withdraw all issues on appeal."

CONCLUSIONS OF LAW

1. The criteria for withdrawal of the claim of entitlement to a compensable disability rating for migraine headaches in excess of 0 percent from August 19, 2016 and in excess of 30 percent from April 22, 2020, to include whether a reduction in rating from 30 percent to 0 percent effective August 19, 2016 was warranted, have been met.  38 U.S.C. § 7105; 38 C.F.R. § 19.55.

2. The criteria for withdrawal of a claim of entitlement to an increased disability rating for PTSD in excess of 30 percent from August 19, 2016 and in excess of 50 percent from October 12, 2017, to include whether a reduction in rating from 50 percent to 30 percent effective August 19, 2016 was warranted, have been met.  38 U.S.C. § 7105; 38 C.F.R. § 19.55.

REASONS AND BASES FOR FINDING AND CONCLUSIONS

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  An appeal may be withdrawn as to any or all issues involved in the appeal at any time before the Board promulgates a decision.  38 C.F.R. § 19.55.  Withdrawal may be made by the appellant or by his or her authorized representative.  38 C.F.R. § 19.55.

In October 2021, prior to a previously scheduled hearing and before the promulgation of a decision in the appeal, the Board received written notification from the Veteran that he wished to "cancel the VA Board Hearing and withdraw all issues on appeal."  As such, the Veteran has properly withdrawn the two claims on appeal and, hence, there remain no allegations of errors of fact or law for appellate consideration.  Accordingly, the Board does not have jurisdiction to review the matters listed in the Order, and they are dismissed.

 

 

A. P. SIMPSON

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	D. Chad Johnson, 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.