Citation Nr: 21076937
Decision Date: 12/28/21	Archive Date: 12/28/21

DOCKET NO. 16-34 643
DATE: December 28, 2021

ORDER

The appeal concerning the issue of entitlement to a disability rating more than 30 percent for posttraumatic stress disorder (PTSD) with an insomnia disorder and other sleep disorder prior to April 27, 2017 and 70 percent thereafter is dismissed.

The appeal concerning the issue of entitlement to a compensable disability rating for right shoulder trapezius strain prior to October 28, 2015 and 20 percent thereafter is dismissed.

The appeal concerning the issue of entitlement to a compensable disability rating for migraine headaches is dismissed.

The appeal concerning the issue of entitlement to service connection for a right knee disability is dismissed.

The appeal concerning the issue of entitlement to service connection for a bilateral hearing loss disability is dismissed.

FINDING OF FACT

In March 2019, prior to the promulgation of a decision in the appeal, VA received notification from the Veteran that a withdrawal of the appeal concerning the issues of entitlement to a disability rating more than 30 percent for PTSD prior to April 27, 2017 and 70 percent thereafter; entitlement to a compensable disability rating for right shoulder trapezius strain prior to October 28, 2015 and more than 20 percent thereafter; entitlement to a compensable disability rating for migraine headaches; entitlement to service connection for a right knee disability; and entitlement to service connection for a bilateral hearing loss disability is requested.

CONCLUSION OF LAW

The criteria for withdrawal of an appeal concerning the issues of entitlement to a disability rating more than 30 percent for PTSD prior to April 27, 2017 and 70 percent thereafter; entitlement to a compensable disability rating for right shoulder trapezius strain prior to October 28, 2015 and more than 20 percent thereafter; entitlement to a compensable disability rating for migraine headaches; entitlement to service connection for a right knee disability; and entitlement to service connection for a bilateral hearing loss disability by the Veteran have been met.  38 U.S.C. § 7105(b)(2), (d)(5) (2012); 38 C.F.R. § 20.204 (2020).

REASONS AND BASES FOR FINDINGS AND CONCLUSIONS

The Veteran served on active duty from August 2002 to July 2014.

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 (2012).  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 (2020).  Withdrawal may be made by the appellant or by his or her authorized representative.  38 C.F.R. § 20.204.  In the present case, the Veteran has withdrawn this appeal concerning the issues of entitlement to a disability rating more than 30 percent for PTSD prior to April 27, 2017 and 70 percent thereafter; entitlement to a compensable disability rating for right shoulder trapezius strain prior to October 28, 2015 and more than 20 percent thereafter; entitlement to a compensable disability rating for migraine headaches; entitlement to service connection for a right knee disability; and entitlement to service connection for a bilateral hearing loss disability and, hence, there remain no allegations of errors of fact or law for appellate consideration.  See a statement from the Veteran dated March 2019.  As such, the Board does not have jurisdiction to review the appeal as to these issues and they are dismissed.

 

 

H. N. SCHWARTZ

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	Arif Syed, 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.