Citation Nr: 21070733
Decision Date: 11/24/21	Archive Date: 11/24/21

DOCKET NO. 20-14 167
DATE: November 24, 2021

ORDER

Entitlement to a rating in excess of 10 percent for residuals of traumatic brain injury (TBI) is dismissed.

Entitlement to a rating in excess of 50 percent from January 15, 2013 to March 19, 2014, and in excess of 70 percent thereafter, for PTSD is dismissed.

Entitlement to a compensable rating for tension headaches is dismissed.

FINDING OF FACT

In correspondence received by VA on September 30, 2021, prior to promulgation of a decision, the Veteran withdrew his appeal as to the issues of entitlement to increased rating for service connected TBI, PTSD, and tension headaches.

CONCLUSIONS OF LAW

1. The criteria for withdrawal of an appeal for entitlement a rating in excess of 10 percent for residuals of TBI have been met. 38 U.S.C. § 7105; 38 C.F.R. § 20.204.

2. The criteria for withdrawal of an appeal for entitlement to a rating in excess of 50 percent from January 15, 2013 to March 19, 2014, and in excess of 70 percent since July 1, 2014 for PTSD have been met. 38 U.S.C. § 7105; 38 C.F.R. § 20.204.

3. The criteria for withdrawal of an appeal for entitlement to a compensable rating for tension headaches have been met. 38 U.S.C. § 7105; 38 C.F.R. § 20.204.

REASONS AND BASES FOR FINDING AND CONCLUSIONS

The Veteran served on active duty from September 2001 until September 2005. This matter comes to the Board of Veterans' Appeals (Board) on appeal from a September 2017 Department of Veterans Affairs (VA) rating decision.

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  An appeal may be withdrawn as to any or all issues involved in the appeal at any time before the Board promulgates a decision.  38 C.F.R. § 20.204.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.  Id.  

In correspondence received by VA on September 30, 2021, prior to promulgation of a decision, the Veteran withdrew his appeal as to the issues of entitlement to increased rating for service connected TBI, PTSD, and tension headaches.  Such was sufficient to meet the requirements of 38 C.F.R. § 20.204(b).  Hence, as there remain no allegations of errors of fact or law for appellate consideration, the Board lacks jurisdiction to review the appeal, and it is dismissed without prejudice.

 

 

Caroline B. Fleming

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	C. Finelli, 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.