Citation Nr: A25020007
Decision Date: 03/05/25	Archive Date: 03/05/25

DOCKET NO. 211026-194100
DATE: March 5, 2025

ORDER

Entitlement to restoration of a 50 percent disability rating for migraines, including migraine variants, effective May 4, 2021, has been withdrawn and is dismissed.

FINDING OF FACT

On July 31, 2023, prior to the promulgation of a decision in the appeal, the Board received a written statement from the Veteran that a withdrawal of his appeal involving the claim listed above was requested.

CONCLUSION OF LAW

The criteria for withdrawal of the appeal of the issue of entitlement to restoration of a 50 percent disability rating for migraines, including migraine variants, effective May 4, 2021, was met on July 31, 2023. 38 U.S.C. § 7105; 38 C.F.R. § 20.205.

REASONS AND BASES FOR FINDING AND CONCLUSION

The Veteran served on active duty from July 2005 to July 2013.

This appeal arises from a September 2021 rating decision. In the September 2021 rating decision, the agency of original jurisdiction (AOJ) reduced the Veteran's disability rating for migraines, including migraine variants, from 50 percent disabling to 30 percent disabling, effective May 4, 2021. In the October 2021 VA Form 10182, Decision Review Request: Board Appeal, the Veteran documented he was appealing the claim and elected the Hearing Lane docket. The current appeal has been scheduled for a hearing before the Board of Veterans' Appeals (Board) on May 8, 2025. In February 13, 2025 correspondence, the Veteran notified the Board that he wished to withdraw his request for a hearing before the Board, as well as his claim. Thus, there is no hearing request pending at this time.

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 An appeal may be withdrawn as to any or all issues involved in the appeal at any time before the Board promulgates a decision. 38 C.F.R. § 20.205. Withdrawal may be made by the appellant or by his or her authorized representative. 38 C.F.R. § 20.205. Unless an appeal is withdrawn on the record at a hearing, appeal withdrawals must be in writing and must include the name of the veteran, the name of the claimant or appellant if other than the veteran, the applicable VA file number, and a statement that the appeal is withdrawn. 38 C.F.R. § 20.205.

In correspondence received July 31, 2023, the Veteran wrote that he wished to withdraw and remove the claim from the Board's docket. In correspondence received February 13, 2025, the Veteran wrote that he withdrew his request for an appeal and hearing in July 2023. The withdrawal is in writing and contains the Veteran's name, VA claims file number, and a statement indicating that the Veteran wished to withdraw his appeal in its entirety. The Veteran's withdrawal is in compliance with 38 C.F.R. § 20.205.

When pending appeals are withdrawn, there is no longer an allegation of error of fact or law for appellate consideration. In such circumstances, dismissal of the appeal is appropriate. 38 U.S.C. § 7105(d)(5). Thus, the Board does not have jurisdiction to review the claim, and it is dismissed.

 

 

A. P. SIMPSON

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	N. Griffin, 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.