Citation Nr: 24006131
Decision Date: 02/03/24	Archive Date: 02/03/24

DOCKET NO. 20-26 740
DATE: February 3, 2024

ORDER

Entitlement to individual unemployability due to service connected disabilities (TDIU) is dismissed.

Entitlement to a rating in excess of 50 percent for a service connected headache disability is dismissed.

Entitlement to an increased rating for a right foot painful scar is dismissed.

FINDING OF FACT

On June 29, 2020,  prior to the promulgation of a decision on these appeals, the Board received notification from the Veteran that a withdrawal of these appeals was requested.

CONCLUSIONS OF LAW

1.  The criteria for dismissal of a claim for entitlement to individual unemployability due to service connected disabilities (TDIU) have been met.  38 U.S.C. § 7105; 38 C.F.R. § 19.55.

2. The criteria for dismissal of a claim for a rating in excess of 30 percent for a service connected headache disability have been met.  38 U.S.C. § 7105; 38 C.F.R. § 19.55.

3. The criteria for dismissal of claim for an increased rating for a right foot painful scar disability have been met.  38 U.S.C. § 7105; 38 C.F.R. § 19.55.

REASONS AND BASES FOR FINDIN AND CONCLUSIONS

The Veteran served honorably in the United States Army from August 1971 to April 1992.

1. Entitlement to individual unemployability due to service-connected disabilities (TDIU) is dismissed.

2. Entitlement to a rating in excess of 30 percent for a service-connected headache disability is dismissed.

3. Entitlement to an increased rating for a right foot painful scar is dismissed.

In May 2020, the agency of original jurisdiction (AOJ) issued a supplemental statement of the case (SOC).  Therein, the AOJ continued to deny the three claims listed on the title page.

In June 2020, correspondence from the Veteran was associated with the claims file.  Therein, the Veteran relayed a desire to withdraw the three claims listed on the title page.

The Veteran's written statement complies with 38 C.F.R. § 19.55(b)(1) (form and content required for withdrawal of an appeal) because it is in writing, includes the name of the Veteran, the applicable VA claims file number, and a statement of his desire to withdraw his appeal(s).  Withdrawal of an appeal will be deemed a withdrawal of the Notice of Disagreement and, if filed, the Substantive Appeal, as to all issues to which the withdrawal applies. 38 C.F.R. § 19.55(c). 

The Veteran has appropriately and effectively withdrawn the three claims on the title page.  Consequently, the Board no longer has jurisdiction to consider the Veteran's claims for TDIU and increased ratings for headache and right foot scar disabilities.  Due to the Veteran's withdrawal of these claims, they are now dismissed as moot for Board consideration.

  

 

 

Paul R. Casey

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	RLBJ, 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.