Citation Nr: A21020396
Decision Date: 12/22/21	Archive Date: 12/22/21

DOCKET NO. 211105-196107
DATE: December 22, 2021

ORDER

Entitlement to a rating in excess of 30 percent for service-connected headache disorder is dismissed.

FINDING OF FACT

On November 17, 2021, prior to the promulgation of a decision on the claim for a rating in excess of 30 percent rating for headache disorder on appeal, the Board received written notification from the Veteran that a withdrawal of this appeal is requested.

CONCLUSION OF LAW

The criteria for the withdrawal for the claim for a rating in excess of 30 percent for a headache disorder have been met.  38 U.S.C. § 7105 (b)(2), (d)(5); 38 C.F.R. § 20.204.

REASONS AND BASES FOR FINDING AND CONCLUSION

The Veteran had active duty in the United States Marine Corps from April 1976 to December 1979.

This appeal to the Board of Veterans' Appeals (Board) arose from a June 2021 rating decision of a Department of Veterans Affairs (VA), in which the Agency of Original Jurisdiction (AOJ) denied service connection and assigned a 30 percent rating to the Veteran's headache disorder, effective from January 15, 2021. 

In November 2021, VA received the Veteran's VA Form 10182, Decision Review Request: Board Appeal (Notice of Disagreement (NOD)) in which he elected the Direct Review docket.  

Withdrawal of an Issue on Appeal

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  An appeal may be withdrawn as to any or all issues involved in the appeal at any time before the Board promulgates a decision.  38 C.F.R. § 20.204.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

In the present case, the Veteran withdrew the appeal in writing and, hence, there remains 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.

 

 

J.W. FRANCIS

Veterans Law Judge

Board of Veterans' Appeals

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 This decision is not precedential and does not establish VA policies or interpretations of general applicability.  38 C.F.R. § 20.1303.