Citation Nr: 21001581 Decision Date: 01/11/21 Archive Date: 01/11/21 DOCKET NO. 17-51 425 DATE: January 11, 2021 ORDER Entitlement to an initial disability rating in excess of 20 percent for a low back disability is dismissed. Entitlement to an initial disability rating in excess of 10 percent prior to October 24, 2018, and 20 percent thereafter, for left lower extremity radiculopathy is dismissed. Entitlement to an initial disability rating in excess of 10 percent prior to October 24, 2018, and 20 percent thereafter, for right lower extremity radiculopathy is dismissed. Entitlement to an initial disability rating in excess of 70 percent for a psychiatric disability is dismissed. FINDING OF FACT In an October 2020 VA Form 21-4138, the Veteran stated that he wanted to withdraw his claims of an initial increased rating for a low back disability, left and right lower extremity radiculopathy, and a psychiatric disability. CONCLUSION OF LAW The criteria for withdrawal of an appeal by the appellant for the claims of an initial increased disability rating for a low back disability, left and right lower extremity radiculopathy, and a psychiatric disability have been met. See 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 March 1976 to March 1979. An April 2012 rating decision, in pertinent part, denied service connection for a low back disability, left and right lower extremity radiculopathy, and a psychiatric disability, but following a November 2015 Board remand, a December 2015 rating decision granted service connection for a low back disability and assessed a 20 percent rating, effective February 7, 2011, and granted service connection for left and right lower extremity radiculopathy and assessed a separate 10 percent rating, effective February 7, 2011, for each disability. An October 2016 rating decision granted service connection for a psychiatric disability and assessed a 50 percent rating, effective February 22, 2011, and a September 2017 rating decision assigned a 70 percent rating, effective February 7, 2011. A June 2020 rating decision granted a separate increased evaluation of 20 percent, effective October 24, 2018, for left and right lower extremity radiculopathy. In May 2019, the Board remanded for further development. In an October 2020 VA Form 21-4138, the Veteran stated that he wanted to withdraw his claims of an initial increased rating for a low back disability, left and right lower extremity radiculopathy, and a psychiatric disability. As a preliminary matter, the Board notes that the Veteran’s attorney stated, in a letter dated December 14, 2020, that he was withdrawing from the case. A representative may withdraw services in a legacy appeal at any time before certification of the appeal to the Board, but may not withdraw services after certification unless good cause is shown. See 38 C.F.R. § 20.6. The Board received the Veteran’s appeal in November 2020. However, withdrawal of representation does not adversely affect the Veteran’s interests because the Veteran requested to withdraw the above claims while still being represented. The Board may dismiss any appeal which fails to allege specific errors of fact or law in the determination being appealed. See 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. See 38 C.F.R. § 19.55. Withdrawal may be made by the appellant or by his or her authorized representative. See id. In the present case, the withdrawal satisfies all regulatory requirements, and the appellant has withdrawn this appeal as they relate to the claims of an initial increased rating for a low back disability, left and right lower extremity radiculopathy, and a psychiatric disability. See id. As such, there remain no allegations of errors of fact or law for appellate consideration as they relate to these claims. (Continued on the next page.)   Accordingly, the Board does not have jurisdiction to review the appeal for these claims, and they are dismissed. K. Parakkal Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board Craig Ormson, 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.