Citation Nr: 21011706
Decision Date: 03/02/21	Archive Date: 03/02/21

DOCKET NO. 15-25 742
DATE: March 2, 2021

ORDER

Entitlement to service connection for a traumatic brain injury (TBI) and residuals, to include migraine headaches, has been withdrawn and is dismissed.

FINDING OF FACT

In November 2020, prior to the promulgation of a decision in the present appeal for the issue of service connection for a TBI and residuals, VA received notification from the Veteran requesting a withdrawal of this appeal.

CONCLUSION OF LAW

For the issue of service connection for a TBI and residuals, the criteria for withdrawal of an appeal by the Veteran are met. 38 U.S.C. § 7105(b)(2), (d)(5); 38 C.F.R. § 19.55 (2020).

REASONS AND BASES FOR FINDING AND CONCLUSION

The Veteran had active service in the United States Army from October 1984 to October 1986. This matter is before the Board of Veterans’ Appeals (Board) on appeal from a November 2013 rating decision of the Department of Veterans Affairs (VA) Regional Office (RO).

The Veteran testified before the undersigned Veterans Law Judge (VLJ) at a videoconference Board hearing in October 2018; a transcript is of record. Subsequently, this matter was remanded by the Board in June 2019 for additional development to provide the Veteran with an examination. The matter has now returned to the Board for appellate consideration. The Board finds there has been substantial compliance with its prior remand directives. See D’Aries v. Peake, 22 Vet. App. 97, 105 (2008). The Veteran was provided with an examination.

Additionally, in a September 2020 rating decision, the RO granted service connection for unspecified trauma and stressor related disorder and major depressive disorder with psychotic features and assigned an initial 100 percent rating, effective January 9, 2013. As this grant represents a full grant of the benefit sought, this issue is no longer on appeal. Grantham v. Brown, 114 F.3d 1156, 1158 (Fed. Cir. 1997). 

Entitlement to service connection for a TBI and residuals, to include migraine headaches

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 An appeal may be withdrawn as to any or all issues involved in the appeal at any time before the Board promulgates a decision. 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 RO issued a supplemental statement of the case (SSOC) in September 2020. Then, in November 2020, after the case was certified to the Board, VA received an Appeal Satisfaction Notice from the Veteran. By signing and submitting this form that contained the Veteran’s file number, the Veteran withdrew all issues in the recent SSOC. The withdrawal is effective upon receipt by the Board. 38 C.F.R. § 19.55(b).

 

Therefore, for the issue of service connection for a TBI and residuals, the appeal has been withdrawn, and 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. 

 

 

Paul Sorisio

Veterans Law Judge

Board of Veterans’ Appeals

Attorney for the Board	G. Morales, 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.