Citation Nr: 21071286
Decision Date: 11/30/21	Archive Date: 11/30/21

DOCKET NO. 19-15 529
DATE: November 30, 2021

ORDER

Entitlement to service connection for migraine headaches is dismissed.

FINDING OF FACT

In a November 2021 submission, the Veteran indicated that he was withdrawing the issue of entitlement to service connection for migraine headaches. 

CONCLUSION OF LAW

The criteria for dismissal of the claim of entitlement to service connection for migraine headaches have been met. 38 U.S.C. § 7105; 38 C.F.R. §§ 19.55, 20.205. 

REASONS AND BASES FOR FINDING AND CONCLUSION

The Veteran served on active duty from June 2001 to September 2001, from October 2003 to February 2005, from June 2005 to September 2005, and from February 2009 to April 2010.

This matter comes to the Board of Veterans' Appeals (Board) on appeal from an August 2017 rating decision issued by the Department of Veterans Affairs (VA) Regional Office (RO).

The Veteran was scheduled for a hearing in December 2021. The Veteran withdrew his hearing in a November 2021 statement in support of claim. 

A December 2019 rating decision granted entitlement to service connection for migraine headaches and assigned an initial rating. The Veteran has not to date expressed disagreement with the effective date or rating assigned. Rather, in a November 2021 submission, the Veteran indicated that he no longer wished to pursue his appeal and wanted to withdraw his appeal as to his claim for entitlement to service connection for migraine headaches because the claim had already been granted service connection.

Under 38 U.S.C. § 7105(d) and 38 C.F.R. § 20.202(a), the Board may dismiss any appeal that fails to allege specific error of fact or law in the determination being appealed. As the December 2019 rating decision and notification letter granted in full the benefits sought by the Veteran, there is no remaining allegation of error of fact or law for appellate consideration. Additionally, an appeal may be withdrawn as to any or all issues involved in the appeal at any time before the Board promulgates a decision. 38 C.F.R. § 19.55.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 Veteran or by his/her authorized representative. 38 C.F.R. § 19.55. 

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. This request for withdrawal of the issue on appeal meets the content, form, and timing requirements of 38 C.F.R. § 19.55(b) and is, therefore, deemed a withdrawal of the claims. See 38 C.F.R. § 19.55(c); see also Hembree v. Wilkie, 33 Vet. App. 1 (2020). Moreover, pursuant to the December 2019 rating decision grant of benefits, no allegation of error of fact or law remains before the Board for consideration with regard to this issue. 

Accordingly, the Board does not have jurisdiction over this issue, and the claim for entitlement to service connection for migraine headaches is dismissed as there remains no controversy for appellate consideration. See Bond v. Derwinski, 2 Vet. App. 376, 377 (1992). Accordingly, the appeal is dismissed.

 

 

KRISTY L. ZADORA

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	Mariah N. Sim, 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.