Citation Nr: 21068201 Decision Date: 11/09/21 Archive Date: 11/09/21 DOCKET NO. 20-153 00A DATE: November 9, 2021 ORDER The claim for entitlement to an initial compensable disability rating for migraines prior to June 20, 2018; and to a disability rating in excess of 10 percent, thereafter, is dismissed. The claim for entitlement to an initial disability rating in excess of 50 percent for posttraumatic stress disorder (PTSD) prior to May 12, 2018; and to a disability rating in excess of 100 percent, thereafter, is dismissed. FINDINGS OF FACT 1. On March 29, 2021, prior to the promulgation of a decision in the appeal, the Veteran, through his representative, notified the Board that he wished to withdraw his claim of entitlement to higher disability ratings for migraines. 2. On March 29, 2021, prior to the promulgation of a decision in the appeal, the Veteran, through his representative, notified the Board that he wished to withdraw his claim of entitlement to higher disability ratings for PTSD. CONCLUSIONS OF LAW 1. The criteria for withdrawal of entitlement to higher disability ratings for migraines have been met. 38 U.S.C. § 7105 (2012); 38 C.F.R. § 19.55 (2020). 2. The criteria for withdrawal of entitlement to higher disability ratings for PTSD have been met. 38 U.S.C. § 7105 (2012); 38 C.F.R. § 19.55 (2020). REASONS AND BASES FOR FINDINGS AND CONCLUSIONS The Veteran served on active duty from October 1993 to September 2017. These matters come before the Board of Veterans' Appeals (Board) on appeal from an October 2017 rating decision by a Department of Veterans Affairs (VA) Regional Office (RO). In December 2017 the Veteran submitted a notice of disagreement (NOD) and in February 2020 the RO issued a statement of the case (SOC). In April 2020, the Veteran timely submitted a substantive appeal and requested a hearing. The Board notes that the Veteran had a virtual hearing scheduled on April 13, 2021. In March 2021, the Veteran, through his representative, wrote to the Board requesting withdrawal of his hearing request. The Board will honor his request for withdrawal. The Board notes that the Veteran, through his representative has submitted a statement asserting that he also wishes to withdraw his appeal under the AMA review system, for entitlement to service connection for sleep apnea. As the Legacy review system is separate from the current AMA review system, that issue will not be addressed herein and will be the subject of a separate future Board decision. 1. The claim for entitlement to an initial compensable disability rating for migraines prior to June 20, 2018; and to a disability rating in excess of 10 percent, thereafter, has been withdrawn. 2. The claim for entitlement to an initial disability rating in excess of 50 percent for posttraumatic stress disorder (PTSD) prior to May 12, 2018; and to a disability rating in excess of 100 percent, thereafter, has been withdrawn. 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. § 20.204. Withdrawal may be made by the appellant or by his or her authorized representative. 38 C.F.R. § 20.204. In the present case, in March 2021, the Veteran, through his representative wrote and informed the Board that he wished to withdraw his claims for "[e]ffective date of migraine including migraine variants associated with traumatic brain injury" and "Posttraumatic stress disorder and traumatic brain injury." See February 2020 SOC. The Board finds the Veteran's request to "withdraw this appeal" provided sufficient specificity. Hence, there remain no allegations of errors of fact or law concerning these issues for appellate consideration. Accordingly, the Board does not have jurisdiction to review the appeal as to the issues of entitlement to higher disability ratings for migraines and PTSD. Thus, the issues are dismissed. KRISTI L. GUNN Veterans Law Judge Board of Veterans' Appeals Attorney for the Board M. Kaufer, 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.