Citation Nr: A25035407
Decision Date: 04/17/25	Archive Date: 04/17/25

DOCKET NO. 240601-444707
DATE: April 17, 2025

ORDER

Entitlement to a restoration of an evaluation of 50 percent for migraine headaches, which is proposed to be decreased to an evaluation of 0 percent, is dismissed.

FINDING OF FACT

In August 2024 written correspondence, prior to the promulgation of a decision, the Veteran indicated that she wanted to withdraw the appeal for restoration of an evaluation of 50 percent for migraine headaches, which is proposed to be decreased to an evaluation of 0 percent. 

CONCLUSION OF LAW

The criteria for withdrawal of an appeal by the Veteran have been met. 38 U.S.C. § 7105; 38 C.F.R. § 20.205.

REASONS AND BASES FOR FINDING AND CONCLUSION

The Veteran served on active duty in the United States Coast Guard from April 2010 to January 2016. 

This appeal comes before the Board of Veterans' Appeals (Board), on appeal from a March 2024 rating decision issued by the Agency of Original Jurisdiction (AOJ).

In the June 2024 VA Form 10182, Decision Review Request: Board Appeal (Notice of Disagreement), the Veteran elected the Direct Review docket.

Therefore, the Board may only consider the evidence of record at the time of the March 2024 agency of original jurisdiction (AOJ) decision on appeal. 38 C.F.R. § 20.301. Any evidence submitted after the AOJ decision on appeal cannot be considered by the Board. 38 C.F.R. §§ 20.300, 20.301, 20.801. 

Dismissal 

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. Only an appellant or an appellant's authorized representative may withdraw an appeal. 38 C.F.R. § 20.205. An appeal may be withdrawn as to any or all issues involved in the appeal at any time before the Board promulgates a decision. Id.  

(Continued on the next page)

?

In August 2024 written correspondence, prior to the promulgation of a decision, the Veteran indicated that she wanted to withdraw the appeal for restoration of an evaluation of 50 percent for migraine headaches, which was proposed to be decreased to an evaluation of 0 percent. Thus, the Board finds that there remain no allegations of errors of fact or law for appellate consideration with respect to this issue. Accordingly, the Board has no further jurisdiction to review an appeal as to this issue, and thus the appeal is dismissed.

 

 

J. SAIKH

Acting Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	H. Glass, 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.