Citation Nr: 21027575
Decision Date: 05/06/21	Archive Date: 05/06/21

DOCKET NO. 16-35 871
DATE: May 6, 2021

ORDER

The appeal seeking service connection for migraine headaches is dismissed.

FINDING OF FACT

In July 2020, prior to the promulgation of a decision in the appeal, the Board received notification from the Veteran through his representative requesting to withdraw the appeal.

CONCLUSION OF LAW

The criteria for dismissal of the appeal by the Veteran through 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 from March 1972 to February 1973.

In November 2018, the claims seeking service connection for a bipolar disorder and service connection for migraine headaches were remanded. In June 2020, the Veteran was granted service connection for a bipolar disorder and awarded a 100 percent disability rating, effective August 25, 2014. As this claim has been granted in full, it is no longer before the Board for appellate consideration. Grantham v. Brown, 114 F.3d 1156 (Fed. Cir. 1997).

In July 2020, the Veteran through his representative submitted a signed statement indicating that he wished to withdraw the remaining issue of entitlement to service connection for migraine headaches. See July 2020 Appeals Satisfaction Notice ("I have received the recent correspondence regarding the decision to grant one or more of my issues on appeal. Based on the decision rendered, I am satisfied and with to withdraw all remaining issues associated with this appeal."); see also July 2020 Correspondence from Representative ("After a full and frank discussion of the issues in his case, [the Veteran] wishes to withdraw all remaining issues (to include migraine headaches) . . . He is satisfied with the results granting 100% service connection and no longer wants to pursue the remaining issues.").

The Board emphasizes that any appeal which fails to allege specific error of fact or law in the determination being appealed may be dismissed. 38U.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 An appeal may be withdrawn as to any or all issues involved in the appeal at any time before the Board promulgates a decision. 38C.F.R. §19.55. Withdrawal may be made by the appellant or by his or her authorized representative. 38C.F.R. §19.55.

The July 2020 statement clearly and unambiguously demonstrates the Veteran's intent to withdrawal the issue on appeal. Thus, as there remains no allegation of error of fact or law for appellate consideration, the Board does not have jurisdiction to review the appeal of this issue and it is dismissed.

 

 

A. ISHIZAWAR

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	A. Griffin, 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.