Citation Nr: A25035382
Decision Date: 04/16/25	Archive Date: 04/16/25

DOCKET NO. 240330-428396
DATE: April 16, 2025

ORDER

The appeal for a rating in excess of 10 percent for gastroesophageal reflux disease (GERD) is dismissed. 

The appeal for a rating in excess of 30 percent for hydrocephalus, status/post shunt placement with migraine headaches, is dismissed.

The appeal for a rating in excess of 70 percent for a somatic symptom disorder is dismissed. 

FINDINGS OF FACT

1. The Veteran served on active duty from February 2003 to June 2006.

2. In April 2024, prior to promulgation of a decision on the appeals, the Veteran expressed an intent to withdraw his appeals for the issues listed above through written communications received on April 3 and April 13.

CONCLUSIONS OF LAW

1. The criteria for withdrawal of the appeal for a rating in excess of 10 percent for GERD have been met. 38 U.S.C. § 7105 (2012); 38 C.F.R. § 19.55 (2024).

2. The criteria for withdrawal of the appeal as to a rating in excess of 30 percent for hydrocephalus, status/post shunt placement with migraine headaches have been met. 38 U.S.C. § 7105 (2012); 38 C.F.R. § 19.55 (2024).

3. The criteria for withdrawal of the appeal as to a rating in excess of 70 percent for a somatic symptom disorder have been met. 38 U.S.C. § 7105 (2012); 38 C.F.R. § 19.55 (2024).

REASONS AND BASES FOR FINDINGS AND CONCLUSIONS

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 An appeal may be withdrawn as to any or all issues involved in the appeal at any time before the Board promulgates a decision. 38 C.F.R. § 20.205.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. Withdrawal of a claim must be "explicit, unambiguous, and done with a full understanding of the consequences of such action." DeLisio v. Shinseki, 25 Vet. App. 45, 47 (2011).

In April 2024, the Veteran submitted two pieces of correspondence expressing his intent to withdraw specific claims. These claims included the evaluations of GERD, hydrocephalus, and an acquired psychiatric disorder. 

The first correspondence was received on April 3, 2024. It stated, in part that:

I'd like to withdraw my current appeal with the Veterans Boards of Veteran Appeals. If I choose to challenge any portion of my recent claim decision, I will elect to do so by submitting additional evidence rather than this appeal process. Would you please withdraw my appeal so that I don't prevent another Veteran from getting the attention they deserve?

The second correspondence was received on April 13, 2024. It stated, in part that "I understand the decision the VA made on my claims and do not wish to appeal at this time." 

These correspondences were explicit and unambiguous. Hence, there remain no allegations of errors of fact or law for appellate consideration. Accordingly, the Board does not have jurisdiction to review the appeals and they are dismissed.

 

 

L. HOWELL

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	H. Baumgarten, 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.