Citation Nr: 21027808 Decision Date: 05/06/21 Archive Date: 05/06/21 DOCKET NO. 14-38 523A DATE: May 6, 2021 ORDER The claim of entitlement to an increased evaluation in excess of 40 percent for a traumatic brain injury (TBI) prior to November 21, 2019, has been withdrawn. The claim of entitlement to an increased evaluation in excess of 70 percent for a TBI from November 21, 2019, has been withdrawn. REMANDED Entitlement to service connection for vertigo to include as secondary to service-connected disabilities is remanded. FINDINGS OF FACT 1. On October 19, 2020, prior to the promulgation of a decision in the appeal of entitlement to an increased evaluation in excess of 40 percent for a TBI prior to November 21, 2019, the Board received notification from the appellant that a withdrawal of this appeal is requested. 2. On October 19, 2020, prior to the promulgation of a decision in the appeal of entitlement to an increased evaluation in excess of 70 percent for a TBI from November 21, 2019, the Board received notification from the appellant that a withdrawal of this appeal is requested. CONCLUSION OF LAW 1. The criteria for withdrawal of an appeal for entitlement to an increased evaluation in excess of 40 percent for a TBI prior to November 21, 2019, by the appellant have been met. 38 U.S.C. § 7105; 38 C.F.R. § 19.55. 2. The criteria for withdrawal of an appeal for entitlement to an increased evaluation in excess of 70 percent for a TBI from November 21, 2019, by the appellant have been met. 38 U.S.C. § 7105; 38 C.F.R. § 19.55. REASONS AND BASES FOR FINDINGS AND CONCLUSIONS The Veteran served on active duty from February 1993 until December 1993. These matters come before the Board of Veterans' Appeals (Board) from an October 2013 rating decision of the Department of Veterans Affairs (VA) Regional Office (RO). The Veteran testified before the Board in October 2017 and a transcript of this hearing is in the record. The matters were previously before the Board in April 2018, when remanded for new VA examinations. An April 2020 rating decision granted service connection for cervical degenerative disc disease, status post laminectomy, with an evaluation of 20 percent effective October 31, 2011. This grant constituted a full award of the benefits sought on appeal, namely: service connection. Therefore, the issue of service connection for cervical degenerative disc disease, status post laminectomy, is no longer before the Board. See Grantham v. Brown, 114 F.3d 1156, 1158 (Fed. Cir. 1997). 1. Entitlement to an increased evaluation in excess of 40 percent for a traumatic brain injury (TBI) prior to November 21, 2019, is withdrawn. 2. Entitlement to an increased evaluation in excess of 70 percent for a TBI from November 21, 2019, is withdrawn. 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. 38 C.F.R. § 19.55. Withdrawal may be made by the appellant or by his or her authorized representative. Id. In the present case, the appellant has withdrawn this appeal in a May 2020 written statement and, 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. REASONS FOR REMAND Entitlement to service connection for vertigo to include as secondary to service-connected disabilities is remanded. Regarding the claim of entitlement to entitlement to service connection for vertigo to include as secondary to service-connected disabilities, the Board remanded this issue to the RO in April 2020, but a statement of the case has not yet been issued. A remand is required for the RO to issue a statement of the case. 38 C.F.R. § 20.200; Manlincon v. West, 12 Vet. App. 238, 240-41 (1999). (Continued on the next page) The matters are REMANDED for the following action: 1. Send the Veteran and representative a statement of the case that addresses the issue of entitlement to service connection for vertigo to include as secondary to service-connected disabilities. If the Veteran perfects an appeal by submitting a timely VA Form 9, the issue should be returned to the Board for further appellate consideration. G. A. WASIK Veterans Law Judge Board of Veterans' Appeals Attorney for the Board James Hekel 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.