Citation Nr: 20007448
Decision Date: 01/29/20	Archive Date: 01/29/20

DOCKET NO. 11-31 649A
DATE: January 29, 2020

ORDER

The appeal is dismissed. 

FINDING OF FACT

In a February 2019 statement, submitted prior to the promulgation of a decision in the appeal, the Veteran withdrew his claim for a higher disability rating.

CONCLUSION OF LAW

The criteria for withdrawal of the appeal regarding the issue of entitlement to a rating in excess of 20 percent for fractures of T6, T7 and T8 of the dorsal spine status post-fusion of T5-T10 with secondary degenerative disk disease of the lumbar spine have been met. 38 U.S.C. § 7105 (b)(2), (d)(5); 38 C.F.R. § 20.204.

REASONS AND BASES FOR FINDING AND CONCLUSION

The Veteran served on active duty in the United States Army from March 1977 to January 1992.  

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 An appeal may be withdrawn as to any or all issues involved in the appeal at any time before the Board promulgates a decision. 38 C.F.R. § 20.204. Withdrawal may be made by the claimant or by his or her authorized representative. 38 C.F.R. § 20.204. 

Here, in a February 2019 statement from his representative, the Veteran withdrew what he characterized as “all issues” on appeal. At that time, the issue of entitlement to a higher disability rating for fractures of T6, T7 and T8 of the dorsal spine status post-fusion of T5-T10 with secondary degenerative disk disease of the lumbar spine was the only issue on appeal. Hence, there remain no allegations of error of fact or law for appellate consideration with regard to this issue. As such, the Board does not have jurisdiction to review the appeal and it must be dismissed. 

 

JEREMY J. OLSEN

Acting Veterans Law Judge

Board of Veterans’ Appeals

Attorney for the Board	Laura Cochran, 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 This decision is not precedential, and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.