Citation Nr: 21000201
Decision Date: 01/04/21	Archive Date: 01/04/21

DOCKET NO. 16-44 465
DATE: January 4, 2021

ORDER

Entitlement to an increased rating for residuals of a back disability, identified as healed contusion and strain of the dorsal spine with degenerative joint disease and rated as 10 percent disabling prior to October 20, 2020 and as 20 percent disabling thereafter, has been withdrawn.

FINDING OF FACT

The Veteran withdrew his claim of entitlement to an increased rating for residuals of a back disability.  

CONCLUSION OF LAW

The criteria for withdrawal of the appeal of the claim of entitlement to an increased rating for residuals of a back disability 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 August 1962 to September 1966.  

This matter is before the Board of Veterans’ Appeals (Board) on appeal of September 2015 and November 2020 rating decisions of a Regional Office (RO) of the Department of Veterans Affairs (VA).  In April 2019, the Veteran testified at a hearing before the undersigned.  In August 2020, the Board remanded the claim for additional development.  

Entitlement to an increased rating for residuals of a back disability, identified as healed contusion and strain of the dorsal spine with degenerative joint disease and rated as 10 percent disabling prior to October 20, 2020 and 20 percent disabling thereafter 

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The Board may dismiss any appeal that fails to allege a specific error of fact or law in the determination being appealed.  38 U.S.C. § 7105.  An appeal may be withdrawn by the appellant or his or her authorized representative as to any or all issues involved in the appeal.  38 C.F.R. § 19.55(a).  Appeal withdrawals must include the name of the appellant, the file number, and a statement that the appeal is withdrawn.  If the appeal involves multiple issues, the withdrawal must specify the issues withdrawn or specify that the appeal is withdrawn in its entirety.  38 C.F.R. § 19.55(b).  

In December 2020, the Veteran submitted a statement of his intent to withdraw all remaining issues on appeal.  This statement included his name and file number.  Here, the only issue on appeal is entitlement to an increased rating for residuals of a back disability.  Per the December 2020 statement, this issue is withdrawn.  There remain no allegations of errors of fact or law for appellate consideration with regard to the issue.  Accordingly, the Board does not have jurisdiction to review this appeal and it is dismissed.

 

 

M. HYLAND

Veterans Law Judge

Board of Veterans’ Appeals

Attorney for the Board	Jeanne Celtnieks

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.