Citation Nr: 20046401
Decision Date: 07/10/20	Archive Date: 07/10/20

DOCKET NO. 16-03 544
DATE: July 10, 2020

ORDER

Entitlement to a disability rating in excess of 20 percent for degenerative arthritis, status post lumbar spine diskectomies, prior to January 31, 2019 and 40 percent thereafter is dismissed.

FINDING OF FACT

In an April 2020 Appeals Satisfaction Notice, prior to the promulgation of a decision in the appeal, the Veteran expressed satisfaction with the March 2020 rating decision and requested to withdraw all remaining issues contained in the supplemental statement of the case (SSOC).

CONCLUSION OF LAW

The criteria for withdrawal of an appeal by the Veteran with respect to the issue of entitlement to a disability rating in excess of 20 percent for degenerative arthritis, status post lumbar spine diskectomies, prior to January 31, 2019 and 40 percent, thereafter, 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 had active military service from June 1980 to May 2002. 

The only issue on appeal was entitlement to a disability rating in excess of 20 percent for degenerative arthritis, status post lumbar spine diskectomies, prior to January 31, 2019 and 40 percent thereafter. See March 2020 Supplemental Statement of the Case (SSOC). 

In April 2020, the Veteran submitted an Appeals Satisfaction Notice. It was stated in the notice that, "I have received the recent correspondence regarding the decision to grant one or more of my issues on appeal. Based on the decision rendered, I am satisfied and wish to withdraw all remaining issues associated with this appeal. By signing and submitting this form, I am asking to withdraw all remaining issues contained in my recent SSOC and ask the RO of jurisdiction to discontinue further development actions associated with this appeal." See April 2020 Appeals Satisfaction Notice.

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 An appeal may be withdrawn as to any or all issues involved in the appeal at any time before the Board promulgates a decision. 38 C.F.R. § 20.204.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

In the present case, the appellant, has withdrawn this appeal and, hence, there remain no allegations of errors of fact or law for appellate consideration. Accordingly, the Board does not have jurisdiction to review the appeal and it is dismissed.

 

 

H. SEESEL

Veterans Law Judge

Board of Veterans’ Appeals

Attorney for the Board	E. Romero-Sanchez, 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.