Citation Nr: 23051131
Decision Date: 09/15/23	Archive Date: 09/15/23

DOCKET NO. 20-09 151
DATE: September 15, 2023

ORDER

Entitlement to a rating in excess of 50 percent for migraine headaches is dismissed. 

Entitlement to a rating in excess of 10 percent for nephrolithiasis is dismissed. 

Entitlement to a rating in excess of 70 percent for posttraumatic stress disorder (PTSD) is dismissed. 

Entitlement to an effective date earlier than December 11, 2017 for the award of a 70 percent rating for PTSD is dismissed. 

Entitlement to an effective date earlier than December 11, 2017 for the award of service connection for nephrolithiasis is dismissed.

FINDING OF FACT

In a September 2020 submission, the Veteran, indicated that he was withdrawing his claims and that he was satisfied with his current decision.

CONCLUSIONS OF LAW

1. The criteria for withdrawal of a claim for a rating in excess of 50 percent for migraine headaches by the Veteran have been met. 38 U.S.C. § 7105; 38 C.F.R. § 19.55. 

2. The criteria for withdrawal of a claim for a rating in excess of 10 percent for nephrolithiasis by the Veteran have been met. 38 U.S.C. § 7105; 38 C.F.R. § 19.55.

3. The criteria for withdrawal of a claim for a rating in excess of 70 percent for PTSD by the Veteran have been met. 38 U.S.C. § 7105; 38 C.F.R. § 19.55.

4. The criteria for withdrawal of a claim for an effective date earlier than December 11, 2017 for the award of an increased rating for PTSD by the Veteran have been met. 38 U.S.C. § 7105; 38 C.F.R. § 19.55.

5. The criteria for withdrawal of a claim for an effective date earlier than December 11, 2017 for the award of service connection for nephrolithiasis by the Veteran have been met. 38 U.S.C. § 7105; 38 C.F.R. § 19.55.

REASONS AND BASES FOR FINDING AND CONCLUSIONS

The Veteran served on active duty in the United States Army from February 2001 to May 2001 and May 2004 to November 2005.

These matters come to the Board of Veterans' Appeals (Board) on appeal from rating decisions issued by a Department of Veterans Affairs (VA) Regional Office (RO). 

An appeal may be withdrawn as to any or all issues involved in the appeal at any time before the Board promulgates a decision. 38 C.F.R. § 19.55.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 veteran or by his/her authorized representative. 38 C.F.R. § 19.55.

In a September 2020 submission, the Veteran indicated that he would like to withdraw his claims for PTSD, nephrolithiasis and migraines and that he was satisfied with his current decision. This correspondence included the name of the Veteran, the applicable claims number, and a statement that the specific issues on appeal have been withdrawn. The Board finds that the Veteran's withdrawal is unambiguous. Hembree v. Wilkie, 33 Vet. App. 1 (2020).

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. § 20.205. The Veteran has withdrawn the appeal on the issues of entitlement to increased ratings for migraine headaches, nephrolithiasis, and PTSD as well as entitlement to earlier effective dates for the award of an increased rating for PTSD and the award of service connection for nephrolithiasis. Thus, as there remains no allegation of error of fact or law for appellate consideration.

Accordingly, the Board does not have jurisdiction over these issues, the claims are dismissed.

 

 

KRISTY L. ZADORA

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	D. M. Donahue Boushehri, 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.