Citation Nr: 21000356
Decision Date: 01/05/21	Archive Date: 01/05/21

DOCKET NO. 17-50 267A
DATE: January 5, 2021

ORDER

The appeal regarding entitlement to an initial rating greater than 10 percent prior to July 7, 2017 and 40 percent thereafter for lumbar strain is dismissed.

The appeal regarding entitlement to an initial compensable rating prior to October 22, 2019 and 10 percent thereafter for lower left extremity radiculopathy is dismissed.

FINDING OF FACT

In November 2020, prior to the promulgation of a decision, the Veteran withdrew his appeal regarding entitlement to increased initial ratings for lumbar strain and left lower extremity radiculopathy.

CONCLUSION OF LAW

The criteria for withdrawal of the appeals listed above have been met.  38 U.S.C. § 7105 (2018); 38 C.F.R. § 19.55 (2020).

REASONS AND BASES FOR FINDING AND CONCLUSION

The Veteran served on active duty from August 1993 to August 2013.  He appealed a December 2013 rating decision by the Department of Veterans Affairs (VA) Agency of Original Jurisdiction (AOJ) denying entitlement to an initial rating greater than 10 percent for lumbar strain and a compensable initial rating for left lower extremity radiculopathy.  During the appeal, the AOJ increased the Veteran’s rating for lumbar strain to 40 percent, effective July 7, 2017.  See August 2017 rating decision.  In March 2020, the Board of Veterans’ Appeals (Board) remanded these issues, along with numerous other issues, for further development.  Subsequent to this remand, the AOJ increased the rating for left lower extremity radiculopathy to 10 percent effective October 22, 2019.  See August 2020 rating decision.  These two issues are now back before the Board.

An appeal may be withdrawn as to any or all issues involved in the appeal at any time before the Board promulgates a decision.  See 38 C.F.R. § 19.55.  Withdrawal may be made by the Veteran or by his authorized representative.  Id.  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.

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In a November 2020 correspondence, the Veteran’s representative explicitly and unambiguously withdrew the Veteran’s appeal regarding increased initial ratings for his service-connected lumbar strain and left lower extremity radiculopathy.  See November 2020 third party correspondence (“after speaking with my client, we would like to withdraw the following issues from the [August 2020] Statement of the Case”).  Accordingly, the Board does not have jurisdiction to review the appeal and it is dismissed.  See 38 U.S.C. § 7105, 38 C.F.R. § 19.55.

 

 

DONNIE R. HACHEY

Veterans Law Judge

Board of Veterans’ Appeals

Attorney for the Board	J. Bona, 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.