Citation Nr: 21067077
Decision Date: 11/03/21	Archive Date: 11/03/21

DOCKET NO. 13-02 310A
DATE: November 3, 2021

ORDER

The appeal seeking service connection for migraine headaches is dismissed.

The appeal seeking an increased rating for right shoulder instability with degenerative joint disease (DJD), rated as 20 percent disabling prior to October 16, 2018, and 30 percent disabling thereafter, is dismissed.

The appeal seeking a rating higher than 20 percent for left shoulder impingement syndrome with DJD is dismissed. 

The appeal seeking a rating higher than 10 percent for left ankle sprain with instability and DJD is dismissed.

The appeal seeking an increased rating for gastroesophageal reflux disease (GERD) with symptoms of sleep disturbance, rated as noncompensable prior         to August 15, 2018, and 10 percent disabling thereafter, is dismissed. 

FINDING OF FACT

On July 16, 2021, prior to the promulgation of a decision in the appeal, the Board received notification from the appellant through his authorized representative that a withdrawal of the appeal concerning the claim for service connection for migraine headaches and the claims for increased ratings for the right and left shoulder, left ankle, and GERD with symptoms of sleep disturbance was requested.

CONCLUSIONS OF LAW

1. The criteria for withdrawal of the appeal for service connection for migraine headaches have been met. 38 U.S.C. § 7105; 38 C.F.R. § 19.55.

2. The criteria for withdrawal of the appeal for an increased rating for right shoulder instability with DJD have been met. 38 U.S.C. § 7105; 38 C.F.R. § 19.55.

3. The criteria for withdrawal of the appeal for an increased rating for left shoulder impingement syndrome with DJD have been met. 38 U.S.C. § 7105; 38 C.F.R. § 19.55.

4. The criteria for withdrawal of the appeal for an increased rating for left ankle sprain with instability and DJD have been met. 38 U.S.C. § 7105; 38 C.F.R. § 19.55.

5. The criteria for withdrawal of the appeal for an increased rating for GERD     with symptoms of sleep disturbance have been met. 38 U.S.C. § 7105; 38 C.F.R. § 19.55.

REASONS AND BASES FOR FINDING AND CONCLUSIONS

The Veteran had active service from May 1989 to April 1996. He also had a period of active duty for training from September 1987 to January 1988.

These matters are before the Board of Veterans' Appeals (Board) on appeal from a rating decision of a Department of Veterans Affairs (VA) Regional Office (RO). They were remanded by the Board in February 2018 and January 2021.

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. Id.

In July 2021, prior to the promulgation of a decision in the appeal, the Board was advised that the Veteran wanted to withdraw his appeal concerning his claim for service connection for migraine headaches and the claims for increased ratings     for the right and left shoulders, left ankle, and GERD with symptoms of sleep disturbance. As the Veteran has withdrawn his appeal concerning these claims, there remain no allegations of errors of fact or law for appellate consideration. Accordingly, the Board does not have jurisdiction to review the appeal concerning these claims and they are dismissed. 

 

 

K. A. BANFIELD

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	D. Van Wambeke, 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.