Citation Nr: 21025705 Decision Date: 04/28/21 Archive Date: 04/28/21 DOCKET NO. 09-42 115 DATE: April 28, 2021 ORDER The appeal seeking a rating in excess of 50 percent for post-concussion syndrome with residual headaches is dismissed. FINDING OF FACT In a February 2021 written statement, prior to the promulgation of a decision in the appeal in the matter, the Veteran expressed his intent to withdraw his appeal seeking an increased rating for post-concussion syndrome with residual headaches; there is no question of fact or law in the matter remaining for the Board to consider. CONCLUSION OF LAW The criteria for withdrawal of an appeal are met with respect to the claim seeking an increased rating for post-concussion syndrome with residual headaches; the Board has no further jurisdiction in this matter. 38 U.S.C. §§ 7104, 7105; 38 C.F.R. § 19.55. REASONS AND BASES FOR FINDING AND CONCLUSION The appellant is a Veteran who served on active duty from October 1999 to February 2000, and from May 2004 to November 2006; he was awarded a Purple Heart Medal and Combat Action Badge. This matter is before the Board of Veterans’ Appeals (Board) on appeal from an August 2008 rating decision which, in relevant part, granted service connection for post-concussion syndrome with residual headaches and assigned an initial 10 percent rating effective March 19, 2008 (the date of the service connection claim). A June 2015 Board decision denied a rating in excess of 10 percent for post-concussion syndrome with residual headaches. The Veteran appealed that decision to the United States Court of Appeals for Veterans Claims (CAVC), resulting in a January 2017 Memorandum Decision. In June 2017, the Board remanded the matter pursuant to the Veteran’s May 2017 request to remand newly submitted evidence for Agency of Original Jurisdiction (AOJ) initial review. An interim (October 2017) rating decision increased the rating from 0 to 30 percent, effective March 19, 2008. A December 2017 Board decision denied a rating in excess of 30 percent for post-concussion syndrome with residual headaches. The Veteran again appealed to the CAVC, resulting in a November 2018 Joint Motion for Remand (JMR). A December 2018 CAVC Order remanded the matter for action consistent with the terms of the JMR. In June 2019, the case was remanded for additional development. An interim (July 2020) rating decision increased the rating from 30 to 50 percent effective December 11, 2019. In September 2020, the case was again remanded for additional development. An interim (February 2021) rating decision increased the rating for post-concussion syndrome with residual headaches to 50 percent throughout (i.e., from March 19, 2008). The appeal seeking a rating in excess of 50 percent for post-concussion syndrome with residual headaches is dismissed. The Board has jurisdiction where there is a question of law or fact on appeal to the Secretary. 38 U.S.C. § 7104; 38 C.F.R. § 20.104. 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 an authorized representative, and must be in writing or on the record at a hearing. 38 C.F.R. § 19.55. In February 2021, VA received an ‘appeals satisfaction notice’ (after the issuance of the February 2021 rating decision (which assigned an increased (to 50 percent) rating for headaches throughout the appeal period) and the corresponding Supplemental Statement of the Case (SSOC)). The notice reads, “Based on the decision rendered, I am satisfied and wish to withdraw all remaining issues associated with this appeal. By signing and submitting this form, I am asking to withdraw all remaining issue(s) contained in my recent [SSOC] and ask the regional office of jurisdiction to discontinue further development actions associated with this appeal.” The Veteran printed his name and claim number; he also dated and signed the document. The Board finds that the Veteran’s statement expressing his intent to withdraw the claim is explicit and unambiguous. Hembree v. Wilkie, No. 18-3856 (Vet. App. August 31, 2020). There remain no allegations of error of fact or law for appellate consideration regarding this issue. Accordingly, the Board does not have jurisdiction to consider an appeal in the matter, and the appeal in the matter must be dismissed. GEORGE R. SENYK Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board J. Dupont, 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.