Citation Nr: 21073007
Decision Date: 12/07/21	Archive Date: 12/07/21

DOCKET NO. 17-40 843
DATE: December 7, 2021

ORDER

The appeal seeking entitlement to ratings for a migraine headache disability in excess of 10 percent prior to January 25, 2017 and in excess of 30 percent from that date, is dismissed.

 

FINDING OF FACT

In an October 2021 written statement, prior to the promulgation of a decision in the appeal, the Board received notification from the appellant, through his authorized representative, that a withdrawal of this appeal is requested.

CONCLUSION OF LAW

The criteria for withdrawal of an appeal by the authorized representative on behalf of the Veteran appellant have been met. 38 U.S.C. § 7104, 7105; 38 C.F.R. § 19.55.

REASONS AND BASES FOR FINDING AND CONCLUSION

The appellant is a Veteran who served on active duty from March 1968 to February 1970. 

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These matters are before the Board of Veterans' Appeals (Board) on appeal from a January 2016 Department of Veterans Affairs (VA) rating decision. A February 2018 rating decision granted service connection for bilateral lower extremity residuals with two separate evaluations of 20 percent effective January 26, 2015 (for both lower extremities) and increased the evaluation of migraine headaches to 30 percent effective January 25, 2017.

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 An appeal may be withdrawn as to any or all issues involved in the appeal at any time before the Board promulgates a decision. 38 C.F.R. § 19.55.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  In the present case, the appellant, through his authorized representative, has withdrawn this appeal and, hence, there remain no allegations of errors of fact or law for appellate consideration.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

 

 

Corey Bosely

Acting Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	Lederman, Michael

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 This decision is not precedential and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.