Citation Nr: 21000661
Decision Date: 01/05/21	Archive Date: 01/05/21

DOCKET NO. 15-07 094
DATE: January 5, 2021

ORDER

The appeal of entitlement to service connection for obstructive sleep apnea is dismissed.

The appeal of entitlement to service connection for a cervical spine disability is dismissed.

The appeal of entitlement to a rating in excess of 20 percent for the service-connected lumbar spine disability is dismissed.

The appeal of entitlement to a rating in excess of 20 percent for the service-connected right lower extremity radiculopathy is dismissed.

The appeal of entitlement to a rating in excess of 20 percent for the service-connected left lower extremity radiculopathy is dismissed.

FINDING OF FACT

In November 2020, prior to the promulgation of a decision in the appeal of the issues listed above, VA received notification from the Veteran that he was satisfied with the decision recently rendered and wished to withdraw the remaining issues on appeal.

CONCLUSION OF LAW

1. The criteria for withdrawal of the appeal of entitlement to service connection for obstructive sleep apnea by the Veteran are met.  38 U.S.C. § 7105; 38 C.F.R. § 19.55.

2. The criteria for withdrawal of the appeal of entitlement to service connection for a cervical spine disability by the Veteran are met.  38 U.S.C. § 7105; 38 C.F.R. § 19.55.

3. The criteria for withdrawal of the appeal of entitlement to a rating in excess of 20 percent for the service-connected lumbar spine disability by the Veteran are met.  38 U.S.C. § 7105; 38 C.F.R. § 19.55.

4. The criteria for withdrawal of the appeal of entitlement to a rating in excess of 20 percent for the service-connected right lower extremity radiculopathy by the Veteran are met.  38 U.S.C. § 7105; 38 C.F.R. § 19.55.

5. The criteria for withdrawal of the appeal of entitlement to a rating in excess of 20 percent for the service-connected left lower extremity radiculopathy by the Veteran are met.  38 U.S.C. § 7105; 38 C.F.R. § 19.55.

REASONS AND BASES FOR FINDING AND CONCLUSIONS

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  An appeal may be withdrawn as to any or all issues involved in the appeal at any time before the Board promulgates a decision.  38 C.F.R. § 19.55.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 appellant or by his or her authorized representative.  38 C.F.R. § 19.55.  In the present case, the RO issued a rating decision in September 2020 awarding the Veteran service connection for hypertension, for right and left lower extremity nerve impairment, and for a lumbar spine scar.  A total disability rating based upon individual unemployability (TDIU) was also awarded.  A supplemental statement of the case (SSOC) was also issued in September 2020, which addressed the sleep apnea, cervical spine, lumbar spine and right and left lower extremity radiculopathy issues.  In November 2020, VA received the Veteran’s signed Appeals Satisfaction Notice indicating his satisfaction with the decisions made and requesting that the remaining issues listed on the SSOC be withdrawn.  Thus, the Veteran has withdrawn his appeal as to all remaining issues 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 the issues are dismissed.

 

 

MICHAEL E. KILCOYNE

Veterans Law Judge

Board of Veterans’ Appeals

Attorney for the Board	A. Adamson, 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.