Citation Nr: A25035343
Decision Date: 04/16/25	Archive Date: 04/16/25

DOCKET NO. 240923-475790
DATE: April 16, 2025

ORDER

The appeal regarding entitlement to a higher rating than 30 percent, for migraine headaches, is dismissed.

The appeal regarding entitlement to a higher rating than 30 percent, for chronic sinusitis, is dismissed.

FINDING OF FACT

In March 2025, prior to promulgation of a decision, the Department of Veteran's Affairs (VA) received written correspondence from the Veteran, wherein he unambiguously and unequivocally expressed his request to withdraw his increased rating claims for his migraine headaches and chronic sinusitis disabilities. 

CONCLUSIONS OF LAW

1. The criteria for withdrawal of an appeal for entitlement to a higher rating than 30 percent, for migraine headaches, have been met.  38 U.S.C. § 7105; 38 C.F.R. § 20.205.

2. The criteria for withdrawal of an appeal for entitlement to a higher rating than 30 percent, for chronic sinusitis, have been met.  38 U.S.C. § 7105; 38 C.F.R. § 20.205.

REASONS AND BASES FOR FINDING AND CONCLUSIONS

The Veteran served on active duty from May 2015 to September 2018.

Pursuant to a September 2024 VA Form 10182 Decision Review Request for Board Appeal, the Veteran appealed this matter to the Board of Veterans' Appeals (Board), on appeal from the rating decisions issued by a Regional Office (RO) of VA, the Agency of Original Jurisdiction (AOJ) in November 2023 (regarding his migraine disability, which was subject to a higher level review (HLR) in September 2024) and May 2024 (regarding his sinusitis disability).

Withdrawal of an appeal may be made by the appellant or by his or her authorized representative. 38 C.F.R. § 20.205. In the present case, in March 2025, the Veteran explicitly and unambiguously requested, in writing, that this appeal be withdrawn. See VBMS document labeled "VA 21-4138 Statement in Support of Claim", receipt date 03/19/2025 (wherein the requested the Board to "[p]lease cancel all potential appeals that [he] may have in the system").

As such, it is unambiguously and unequivocally clear to the Board that the Veteran's request to withdraw "all potential appeals ... in the system", which includes the appealed claims from the November 2023 and May 2024 rating decisions. 

The Board has not promulgated a decision adjudicating the issues in this appeal. 38 C.F.R. § 20.205. The Veteran's withdrawal of the appeal of his claims became effective upon the Board's receipt of the request for same. 38 C.F.R. § 20.205(b)(3).

In sum, the Veteran has withdrawn this appeal and, hence, there remains no allegations of errors of fact or law for appellate consideration.  

Accordingly, the claims for a higher rating for his respective migraine and chronic sinusitis disabilities are dismissed.

 

 

Bethany L. Buck

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	Raia, Camille A.

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.