Citation Nr: 21028527
Decision Date: 05/11/21	Archive Date: 05/11/21

DOCKET NO. 18-16 009
DATE: May 11, 2021

ORDER

The appeal for the issue of entitlement to an evaluation in excess of 40 percent prior to September 26, 2016, and in excess 70 percent from September 26, 2016, for traumatic brain injury, is dismissed.

FINDING OF FACT

In April 2021, prior to the promulgation of a decision in the appeal, the Veteran submitted a signed statement indicating that he wanted to withdraw his appeal.

CONCLUSION OF LAW

The criteria for withdrawal of an appeal 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 had active duty service from September 1994 to December 1996.

This matter comes before the Board of Veterans' Appeals (Board) on appeal from      a June 2014 rating decision from the Department of Veterans Affairs (VA) Regional Office (RO).

The Board notes that the Veteran's appeal had originally included the issue of entitlement to service connection for headaches.  However, during the pendency of the appeal, the Agency of Original Jurisdiction (AOJ) granted that claim in a March 2018 rating decision.  The grant constitutes a full award of the benefits sought on appeal.  See Grantham v. Brown, 114 F. 3d 1156, 1158 (Fed. Cir. 1997).  While the Veteran subsequently filed a claim for increased evaluation for his headaches, the AOJ addressed that claim in a December 2018 rating decision and a substantive appeal was not filed.  As such, this claim is no longer in appellate status and thus, is no longer before the Board.  See Grantham, 114 F.3d at 1158 (holding that a separate notice of disagreement must be filed to initiate appellate review of "downstream" elements such as the disability rating or effective date assigned).

Law and Analysis

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  An appeal may be withdrawn as to any or all issues involved in the appeal at any time before the Board promulgates a decision.  38 C.F.R. § 19.55(a).  Withdrawal may be made by the appellant or an authorized representative.  Id.  

 

In this case, the appellant submitted a written statement in April 2021 to VA wherein he withdrew his appeal.  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. 

 

 

Nathaniel Doan

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	B. Rideout-Davidson, 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.