Citation Nr: 21000232
Decision Date: 01/04/21	Archive Date: 01/04/21

DOCKET NO. 20-10 122
DATE: January 4, 2021

ORDER

The appeal for entitlement to service connection for right upper extremity radiculopathy secondary to the cervical spine prior to October 26, 2017 is dismissed.

The appeal for entitlement to a rating in excess of 30 percent for cervical spine degenerative disc disease is dismissed.

The appeal for entitlement to a rating in excess of 10 percent for right upper extremity radiculopathy of the median nerve secondary to the cervical spine is dismissed.

The appeal for entitlement to a rating in excess of 10 percent for a right knee strain is dismissed. 

FINDING OF FACT

On October 30, 2020, prior to the promulgation of a decision in the appeal, the Board received notification from the Veteran that a withdrawal of this appeal is requested.

CONCLUSION OF LAW

The criteria for withdrawal of the appeals by the Veteran have been met. 38 U.S.C. § 7105 (2012); 38 C.F.R. § 19.55 (2020).

REASONS AND BASES FOR FINDING AND CONCLUSION

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 An appeal may be withdrawn as to any or all issues involved in the appeal at any time before the Board promulgates a decision. 38 C.F.R. § 19.55. Withdrawal may be made by the Veteran or by his or her authorized representative. 38 C.F.R. § 19.55. In the present case, the Veteran has withdrawn these appeals in October 30, 2020 correspondence and, hence, there remain no allegations of errors of fact or law for appellate consideration.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 appeals and they are dismissed.

 

 

A. S. CARACCIOLO

Veterans Law Judge

Board of Veterans’ Appeals

Attorney for the Board	Laura C. Owens

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 This decision is not precedential and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.