Citation Nr: 21026296 Decision Date: 04/30/21 Archive Date: 04/30/21 DOCKET NO. 20-03 156 DATE: April 30, 2021 ORDER The appeal as to the issue of a rating in excess of 20 percent for cervical spine strain is dismissed. The appeal as to the issue of a rating in excess of 30 percent for migraine headaches is dismissed. The appeal as to the issue of service connection for any condition of the central nervous system, claimed as a neurological condition, is dismissed. FINDINGS OF FACT 1. In a letter dated July 10, 2020, prior to the promulgation of a decision in the appeal, VA received notification from the Veteran that he sought to withdraw his appeal as to the issue of a rating in excess of 20 percent for cervical spine strain. 2. In a letter dated July 10, 2020, prior to the promulgation of a decision in the appeal, VA received notification from the Veteran that he sought to withdraw his appeal as to the issue of a rating in excess of 30 percent for migraine headaches. 3. In a letter dated July 10, 2020, prior to the promulgation of a decision in the appeal, VA received notification from the Veteran that he sought to withdraw his appeal as to the issue of service connection for any condition of the central nervous system, claimed as a neurological condition. CONCLUSIONS OF LAW 1. The criteria for withdrawal of the appeal as to the issue of a rating in excess of 20 percent for cervical spine strain have been met. 38 U.S.C. § 7105; 38 C.F.R. § 19.55. 2. The criteria for withdrawal of the appeal as to the issue of a rating in excess of 30 percent for migraine headaches have been met. 38 U.S.C. § 7105; 38 C.F.R. § 19.55. 3. The criteria for withdrawal of the appeal as to the issue of service connection for any condition of the central nervous system, claimed as a neurological condition, have been met. 38 U.S.C. § 7105; 38 C.F.R. § 19.55. (Continued on the next page)   REASONS AND BASES FOR FINDINGS AND CONCLUSIONS A Veteran may withdraw his appeal in writing at any time before the Board promulgates a final decision. 38 C.F.R. § 19.55. When a Veteran does so, the withdrawal effectively creates a situation in which an allegation of error, fact, or law no longer exists. In such an instance, the Board does not have jurisdiction to review the appeal, and a dismissal is then appropriate. 38 U.S.C. § 7105(d); 38 C.F.R. § 19.55. Here, in a letter dated July 10, 2020, the Veteran requested his appeal be withdrawn as to the issues of a rating in excess of 20 percent for cervical spine strain, a rating in excess of 30 percent for migraine headaches, and service connection for any condition of the central nervous system, claimed as a neurological condition. In view of the Veteran’s expressed desire, the Board concludes that his intent was to withdraw this appeal, and further action with regard to this appeal is not appropriate. Accordingly, the Board no longer has jurisdiction over these issues and, as such, must dismiss the appeal as to these issues. MICHAEL E. KILCOYNE Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board A. Page-Nelson, 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.