Citation Nr: 19128200
Decision Date: 04/12/19	Archive Date: 04/11/19

DOCKET NO. 16-11 323
DATE:	April 12, 2019

ORDER

Entitlement to an earlier effective date for the grant of service connection for degenerative disc disease is dismissed.



REFERRED

The issue of an increased rating for the Veteran’s service-connected degenerative disc disease was raised in the Veteran’s June 2014 Notice of Disagreement, but was not adjudicated in the March 2016 Statement of the Case. As such, this issue is referred to the Agency of Original Jurisdiction (AOJ) for adjudication. 

FINDING OF FACT

At his April 2019 hearing, the Veteran stated on the record that he wished to withdraw his appeal of the issue of an earlier effective date for the grant of service connection for degenerative disc disease.

CONCLUSION OF LAW

The criteria for withdrawal of the appeal of the issue of an earlier effective date for the grant of service connection for degenerative disc disease have been met. 38 U.S.C. § 7105 (2012); 38 C.F.R. § 20.204 (2018).

REASONS AND BASES FOR FINDING AND CONCLUSION

The Veteran served on active duty from December 1963 to November 1966 and from January 1968 to December 1984.

This case comes before the Board of Veterans’ Appeals (Board) on appeal from a November 2013 rating decision issued by the Department of Veterans Affairs (VA) Regional Office (RO) in Montgomery, Alabama.

In April 2019, the Veteran testified at a Board hearing before the undersigned Veterans Law Judge.

An appeal may be withdrawn by an appellant or his or her authorized representative as to any or all issues involved in the appeal at any time before the Board promulgates a decision. 38 C.F.R. § 20.204. At the April 2019 hearing before the Board, the Veteran confirmed on the record that he wished to withdraw his appeal pertaining to the issue of an earlier effective date for the grant of service connection for degenerative disc disease. The undersigned Veterans Law Judge then clarified that withdrawing the issue meant that it would be dismissed and no decision would be made on the merits of the claim. As the Veteran confirmed on the record that he wished to withdraw the issue on appeal, and the consequences of such a withdrawal were explained at the hearing, the Board finds that the withdrawal was explicit, unambiguous and done with the full understanding of the consequences of such an action. See DeLisio v. Shinseki, 25 Vet. App. 45 (2011). 



Accordingly, the Board does not have jurisdiction to review the issue, and the appeal is dismissed. 38 C.F.R. § 20.204.

 

E. I. VELEZ

Veterans Law Judge

Board of Veterans’ Appeals

ATTORNEY FOR THE BOARD	I. Kerner, Associate Counsel