Citation Nr: 21025395
Decision Date: 04/28/21	Archive Date: 04/28/21

DOCKET NO. 16-24 716A
DATE: April 28, 2021

ORDER

As the issue of entitlement to an initial rating in excess of 30 percent prior to 

May 5, 2016, and in excess of 50 percent thereafter, for tension headaches has been withdrawn, the claim is dismissed.

FINDING OF FACT

In a March 2021 written statement, prior to the promulgation of a decision in the appeal, the Veteran requested a withdrawal of the issue of entitlement to an increased rating for tension headaches.

CONCLUSION OF LAW

The criteria for withdrawal of the issue of entitlement to an increased rating for tension headaches by the appellant 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 from January 1989 to January 2013.

This case comes before the Board of Veterans’ Appeals (Board) on appeal from February 2013 rating decision by a Department of Veterans Affairs (VA) Regional Office (RO).

In November 2020, the Board remanded the appeal for further development.

Withdrawal of Claims

The Board may dismiss any appeal which fails to allege specific error of fact or law in the determination being appealed.  38 C.F.R. § 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  An appeal may be withdrawn as to any or all issues involved in the appeal at any time before the Board promulgates a decision by the appellant or by his or her authorized representative.  38 C.F.R. § 19.55(a).  The withdrawal should be filed with the Board and must include the name of the veteran, the applicable VA file number, and a statement that the appeal is withdrawn.  If the appeal involves multiple issues, the withdrawal must specify that the appeal is withdrawn in its entirety or list the issue(s) withdrawn from the appeal. 38 C.F.R. § 19.55(b)(1).  Withdrawals are effective when received by the Board if a decision has not been promulgated. 38 C.F.R. § 19.55(b)(3).  Withdrawal of an appeal will be deemed a withdrawal of the Notice of Disagreement as to all issues to which the withdrawal applies. 38 C.F.R. § 19.55(c). 

In the present case, in a March 2021 written statement, received prior to a decision by the Board, the Veteran submitted an appeals satisfaction notice explicitly withdrawing all remaining issues associated with this appeal.  See Correspondence (March 2021).  See also, Hembree v. Wilkie, 2020 U.S. App. Vet. Claims LEXIS 1677*(Aug. 31, 2020) (holding that a withdrawal that fully complies with the requirements of the regulation is effective when received).  Specifically, the Veteran indicated he wished to “withdraw all remaining issues associated with this appeal” based on the recent decision to grant one or more of the issues on appeal.  The request included the Veteran’s name, his social security number, and specified that the appeal was withdrawn in its entirety.  Though not submitted directly to the Board, the Veteran’s withdrawal was submitted to an agent of VA and associated with his file before the claim was placed on the Board’s docket.  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.

 

 

C.A. SKOW

Veterans Law Judge

Board of Veterans’ Appeals

Attorney for the Board	C. Edwards

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.