Citation Nr: 21031967 Decision Date: 05/25/21 Archive Date: 05/25/21 DOCKET NO. 16-40 279 DATE: May 25, 2021 ORDER Entitlement to service connection for irritable bowel syndrome (IBS) is dismissed. Entitlement to service connection for attention deficit hyperactivity disorder (ADHD) is dismissed. Entitlement to a total disability rating based on individual unemployability (TDIU) is dismissed. Entitlement to an initial compensable rating for headaches prior to June 13, 2016, and in excess of 30 percent thereafter is dismissed. Entitlement to an initial disability rating for posttraumatic stress disorder (PTSD) in excess of 30 percent is dismissed. FINDINGS OF FACT 1. An October 2019 rating decision granted service connection for IBS and ADHD; awarded an increased rating of 70 percent for PTSD effective July 17, 2019; and awarded TDIU effective January 1, 2014. 2. On November 8, 2019, prior to the promulgation of a decision in the appeal, the Board received notification from the Veteran, through his authorized representative, that a withdrawal of his appeal for increased ratings for headaches and PTSD is requested; the Veteran also expressed that he no longer wishes to purse the issues contained in the October 2019 rating decision and supplemental statement of the case (SSOC). CONCLUSIONS OF LAW 1. The criteria for dismissal of entitlement to service connection for IBS have been met. 38 U.S.C. § 7105; 38 C.F.R. § 19.55. 2. The criteria for dismissal of entitlement to service connection for ADHD have been met. 38 U.S.C. § 7105; 38 C.F.R. § 19.55. 3. The criteria for dismissal of entitlement to a TDIU have been met. 38 U.S.C. § 7105; 38 C.F.R. § 19.55. 4. The criteria for withdrawal of entitlement to an initial compensable rating for headaches prior to June 13, 2016, and in excess of 30 percent thereafter, have been met. 38 U.S.C. § 7105; 38 C.F.R. § 19.55. 5. The criteria for withdrawal of entitlement to a higher initial disability rating for PTSD in excess of 30 percent from May 10, 2013 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 May 2011 to August 2011 and from May 2012 to May 2013 with service in the Southwest Asia theater of operations. He received the Combat Action Badge and several other medals and awards. This matter comes before the Board of Veterans' Appeals (Board) from a March 2015 rating decision of a Department of Veterans Affairs (VA) Regional Office (RO). 1. Entitlement to service connection for IBS is dismissed. 2. Entitlement to service connection for ADHD is dismissed. 3. Entitlement to a TDIU is dismissed. 4. Entitlement to a higher initial (compensable) disability rating for headaches from May 10, 2013 to June 13, 2016, and in excess of 30 percent from June 13, 2016 is dismissed. 5. Entitlement to a higher initial disability rating for PTSD in excess of 30 percent from May 10, 2013 is dismissed. 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. The withdrawal may be made by the appellant or by his or her authorized representative, and it must be in writing or be made on record during a hearing. 38 C.F.R. § 19.55. In the present case, the Veteran, through his representative has withdrawn this appeal on the issues of entitlement to a higher initial (compensable) disability rating for headaches from May 10, 2013 to June 13, 2016, and in excess of 30 percent from June 13, 2016 and a higher initial disability rating for PTSD in excess of 30 percent from May 10, 2013. Hence, there remains 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. Additionally, in an October 2019 rating decision, the RO granted service connection for IBS with an evaluation of 0 percent effective May 10, 2013 and ADHD evaluated with the service-connected PTSD effective May 10, 2013. PTSD was awarded an increase to 70 percent effective July 17, 2019, and entitlement to a TDIU was also granted effective January 1, 2014. As a result, the Veteran, through his representative, completed an Appeals Satisfaction Notice on November 8, 2019 and submitted it with a November 8, 2019 letter expressly indicating that he no longer wished to purse the issues contained in the October 2019 rating decision and October 2019 SSOC. As such, these claims are no longer before the Board and the appeal is dismissed. D. JOHNSON Veterans Law Judge Board of Veterans' Appeals Attorney for the Board J. Telamour, 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.