Citation Nr: 21010757 Decision Date: 02/25/21 Archive Date: 02/25/21 DOCKET NO. 15-37 307 DATE: February 25, 2021 ORDER The appeal with respect to entitlement to a compensable rating for migraines (previously rated as tension headaches) prior to December 12, 2019, and in excess of 50 percent thereafter, is dismissed. The appeal with respect to entitlement to a total disability rating based on individual unemployability due to service-connected disability (TDIU) prior to October 5, 2015 is dismissed. FINDING OF FACT By correspondence received in September 2020, prior to the promulgation of an appellate decision, the Veteran asked that the present appeal be withdrawn. CONCLUSION OF LAW The criteria for withdrawal of an appeal by the Veteran and/or his representative have been met. 38 U.S.C. § 7105; 38 C.F.R. § 19.55. REASONS AND BASES FOR FINDING AND CONCLUSION The Veteran served on active duty in the U.S. Marine Corps from October 2007 to September 2011. His decorations include the Afghanistan Campaign Medal and the Iraq Campaign Medal. This matter comes to the Board of Veterans’ Appeals (Board) on appeal from an August 2012 rating decision issued by the Department of Veterans Affairs (VA) Regional Office (RO) in Winston-Salem, North Carolina. The RO, in pertinent part, granted service connection and a 0 (zero) percent (noncompensable) rating for tension headaches, effective September 2, 2011. In May 2016, while the appeal of the August 2012 decision was pending, the RO granted a TDIU, effective October 5, 2015. In August 2018, the Board remanded the matter of the Veteran’s entitlement to a compensable rating for tension headaches to the agency of original jurisdiction (AOJ) for additional development. The Board also remanded the matter of the Veteran’s entitlement to a TDIU prior to October 5, 2015, pursuant to Rice v. Shinseki, 22 Vet. App. 447 (2009). In August 2020, after taking further action, the AOJ recharacterized the Veteran’s headache disability as migraines and assigned a 50 percent rating therefor, effective December 12, 2019. The prior determinations with respect to headaches and TDIU were otherwise confirmed and continued, and the case was returned to the Board. Dismissal The Board may dismiss any appeal which fails to allege specific error of fact or law in the determination being appealed. See 38 U.S.C. § 7105. An appeal may be withdrawn as to any or all issues involved in an appeal. 38 C.F.R. § 19.55. Only an appellant, or an appellant’s authorized representative, may withdraw an appeal. Id. Appeal withdrawals must include the name of the veteran, the name of the claimant or appellant if other than the veteran (e.g., a veteran’s survivor, a guardian, or a fiduciary appointed to receive VA benefits on an individual’s behalf), the applicable VA file number, and a statement that the appeal is withdrawn. If the appeal involves multiple issues, the withdrawal must specify that the appeal is withdrawn in its entirety or list the issue(s) withdrawn from the appeal. Id. In September 2020, prior to the promulgation of a Board decision on the matter, VA received correspondence from the Veteran indicating that he wished to withdraw the present appeal. The correspondence indicated that he was satisfied with the recent award, that he wished to withdraw all remaining issues on appeal, and included his name and his VA file number. Under the circumstances, the Board finds that the requirements for a proper withdrawal have been satisfied. As the Veteran has withdrawn his appeal, there remain no allegations of error of fact or law for appellate consideration with respect to these issues. Accordingly, the Board does not have jurisdiction to review the issues and the appeal must be dismissed. DAVID A. BRENNINGMEYER Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board R. Oldroyd, 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.