Citation Nr: 21069377
Decision Date: 11/18/21	Archive Date: 11/18/21

DOCKET NO. 16-49 001
DATE: November 18, 2021

ORDER

Entitlement to a disability rating in excess of 30 percent for musculoskeletal tension headaches prior to June 18, 2021 is dismissed.

FINDING OF FACT

On September 15, 2021, prior to the promulgation of a decision in the appeal, the Board received notification from the Veteran that withdrawal of this appeal is requested.

CONCLUSION OF LAW

The criteria for withdrawal of an appeal by the Veteran have been met.  38 U.S.C. § 7105; 38 C.F.R. § 19.55.

REASONS AND BASES FOR FINDING AND CONCLUSION

By way of history, the Board notes that in an August 2021 rating decision, the Veteran was granted an increased 30 percent rating effective March 25, 2014 and an increased 50 percent rating from June 18, 2021.  As a 50 percent rating is the highest schedular rating that may be assigned for headaches, the Board finds that the issue of entitlement to an increased rating for musculoskeletal tension headaches has been resolved by a full grant of benefits from June 18, 2021 and, as such, this issue is no longer in appellate status.  AB v. Brown, 6 Vet. App. 35 (1993).  However, the issue of entitlement to a disability rating in excess of 30 percent prior to June 18, 2021 for musculoskeletal tension headaches remains in appellate status.  See id.  

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  An appeal may be withdrawn as to any or all issues involved in the appeal at any time before the Board promulgates a decision.  38 C.F.R. § 19.55.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  In the present case, the Veteran has withdrawn this appeal and, hence, there remain no allegations of errors of fact or law for appellate consideration.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 appeal and it is dismissed.

 

 

LESLEY A. REIN

Veterans Law Judge

Board of Veterans' Appeals

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 This decision is not precedential and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.