Citation Nr: 21030631
Decision Date: 05/19/21	Archive Date: 05/19/21

DOCKET NO. 17-37 728
DATE: May 19, 2021

ORDER

Entitlement to a rating in excess of 50 percent for service-connected posttraumatic stress disorder (PTSD) with unspecified depressive disorder is dismissed.

Entitlement to a rating in excess of 30 percent for service-connected posttraumatic migraine headaches is dismissed.

FINDING OF FACT

In April 2021, prior to the promulgation of a Board decision, the Veteran withdrew his appeal as to his claims for entitlement to increased ratings for service-connected PTSD and headaches.

CONCLUSIONS OF LAW

1. The criteria for withdrawal of an appeal by the Veteran have been met as to the issue of entitlement to an increased rating for service-connected PTSD.  38 U.S.C. § 7105; 38 C.F.R. §§ 20.202, 20.204. 

2. The criteria for withdrawal of an appeal by the Veteran have been met as to the issue of entitlement to an increased rating for service-connected headaches.  38 U.S.C. § 7105; 38 C.F.R. §§ 20.202, 20.204. 

REASONS AND BASES FOR FINDING AND CONCLUSIONS

The Veteran had active military service from September 2000 to September 2003 and October 2003 to February 2005. 

These claims come before the Board of Veterans' Appeals (Board) on appeal from a January 2017 rating decision by the Department of Veterans Affairs (VA) Regional Office (RO).  

A substantive appeal may be withdrawn in writing at any time before the Board promulgates a decision or may be withdrawn on the record at a hearing.  38 C.F.R. §§ 20.202, 20.204(b).  Withdrawal may be made by the Veteran or his authorized representative.  In this case, in an April 2021 correspondence, the Veteran stated that he wished to withdraw his claims that are currently before the Board.  As the Veteran has withdrawn his right to appeal in accordance with 38 C.F.R. § 20.204, the Board no longer has appellate jurisdiction over the issues and can take no further action on the matters.

 

 

S. HENEKS

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	P. Noh, 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 This decision is not precedential and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.