Citation Nr: 20042335
Decision Date: 06/22/20	Archive Date: 06/22/20

DOCKET NO. 15-23 374
DATE: June 22, 2020

ORDER

An initial disability rating in excess of 10 percent for cervical degenerative arthritis of the spine prior to August 23, 2018; and in excess of 20 percent thereafter is dismissed.

FINDING OF FACT

In June 2020, prior to the promulgation of a Board decision, the Veteran withdrew the appeals for an initial disability rating in excess of 10 percent for cervical degenerative arthritis of the spine prior to August 23, 2018, and in excess of 20 percent thereafter.  

CONCLUSION OF LAW

The criteria for withdrawal of the appeal for an initial disability rating in excess of 10 percent for cervical degenerative arthritis of the spine prior to August 23, 2018, and in excess of 20 percent thereafter, have been met.  38 U.S.C. § 7105; 38 C.F.R. § 19.55.

REASONS AND BASES FOR FINDING AND CONCLUSION

The Veteran served on active duty from July 1968 to March 1970.

The case is on appeal from an October 2013 rating decision.

In August 2018, the Veteran testified at a Board hearing.

The claim was last before the Board in August 2018.  At that time, the Board remanded the claim for further development.  In a February 2019 rating decision, the RO increased the rating for cervical degenerative arthritis of the spine from 10 percent to 20 percent disabling, effective August 23, 2018.

An initial disability rating in excess of 10 percent for cervical degenerative arthritis of the spine prior to August 23, 2018, and in excess of 20 percent thereafter. 

Under 38 U.S.C. § 7105, the Board may dismiss any appeal which fails to allege specific error of fact or law in the determination being appealed.  An appeal may be withdrawn by the Veteran or representative.  38 C.F.R. § 19.55.

In June 2020, the Veteran’s representative submitted a statement.  In doing so, the Veteran’s representative stated, “The Veteran wishes to withdraw his pending appeal.”

The Board finds that the Veteran’s withdrawal of the appeal for an initial disability rating in excess of 10 percent for cervical degenerative arthritis of the spine prior to August 23, 2018, and in excess of 20 percent thereafter, is “explicit, unambiguous, and done with a full understanding of the consequences of such action on the part of the claimant.”  DeLisio v. Shinseki, 25 Vet. App. 45, 57 (2011); see also Acree v O’Rourke, 891 F.3d 1009 (Fed. Cir. 2018).  The withdrawal was made expressly and in writing.

Therefore, there remain no allegations of errors of fact or law for appellate consideration with regard to this issue.  Accordingly, the Board does not have jurisdiction to review the appeal and it is dismissed.

 

 

RYAN T. KESSEL

Veterans Law Judge

Board of Veterans’ Appeals

Attorney for the Board	S. Becton, 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.