Citation Nr: 21068697
Decision Date: 11/12/21	Archive Date: 11/12/21

DOCKET NO. 20-10 693
DATE: November 12, 2021

ORDER

Entitlement to an initial evaluation in excess of 50 percent for anxiety disorder, not otherwise specified, is dismissed.

Entitlement to an initial evaluation in excess of 30 percent for migraine headaches is dismissed.

FINDINGS OF FACT

1. The Veteran requested to withdraw his appeal for the issue of entitlement to an initial evaluation in excess of 50 percent for anxiety disorder, not otherwise specified, in correspondence submitted in October 2021.

2. The Veteran requested to withdraw his appeal for the issue of entitlement to an initial evaluation in excess of 30 percent for migraine headaches, in correspondence submitted in October 2021.

CONCLUSIONS OF LAW

1. The criteria for withdrawal of the appeal of the issue of entitlement to an initial evaluation in excess of 50 percent for anxiety disorder, not otherwise specified, are met.  38 U.S.C. § 7105; 38 C.F.R. § 20.205.

2. The criteria for withdrawal of the appeal of the issue of entitlement to an initial evaluation in excess of 30 percent for migraine headaches, are met.  38 U.S.C. § 7105; 38 C.F.R. § 20.205.

REASONS AND BASES FOR FINDINGS AND CONCLUSIONS

The Veteran served on active duty from August 1973 to December 1973. 

This matter comes before the Board of Veterans' Appeals (Board) on appeal of an October 2018 rating decision by a Department of Veterans Affairs (VA) Regional Office (RO).

WITHDRAWAL OF APPEALS

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  An appeal may be withdrawn as to any or all issues involved in the appeal at any time before the Board promulgates a decision.  38 C.F.R. § 19.55.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.  

1. Entitlement to an initial evaluation in excess of 50 percent for anxiety disorder, not otherwise specified

2. Entitlement to an initial evaluation in excess of 30 percent for migraine headaches 

In correspondence submitted in October 2021, the Veteran's attorney indicated that the Veteran wishes to withdraw his appeals for the issues of entitlement to an initial evaluation in excess of 50 percent for anxiety disorder, not otherwise specified; and entitlement to an initial evaluation in excess of 30 percent for migraine headaches.

Hence, there remain no allegations of errors of fact or law for appellate consideration.  Accordingly, the Board does not have jurisdiction to review the issues of entitlement to an initial evaluation in excess of 50 percent for anxiety disorder, not otherwise specified; and entitlement to an initial evaluation in excess of 30 percent for migraine headaches; and they are dismissed.

 

 

M. Donohue

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	S. Morrad, 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.