Citation Nr: 21002185
Decision Date: 01/13/21	Archive Date: 01/13/21

DOCKET NO. 17-37 504
DATE: January 13, 2021

ORDER

Entitlement to a disability rating in excess of 40 percent for the Veteran's back disability have been withdrawn.

FINDING OF FACT

In a September 2020 statement, the Veteran withdrew his appeal of entitlement to a disability rating in excess of 40 percent for the Veteran's back disability.

CONCLUSION OF LAW

The criteria for dismissal of the Veteran’s claim for entitlement to a disability rating in excess of 40 percent for the Veteran’s back disability have been met.  38 U.S.C. § 7105(b)(2), (d)(5) (2018); 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 (2018).  A substantive appeal may be withdrawn in writing at any time before the Board promulgates a decision.  38 C.F.R. §§ 19.22, 19.55 (2020).  Withdrawal may be made by the Veteran or by his authorized representative.  38 C.F.R. § 19.55 (2020).   

In a September 2020 letter, the Veteran, withdrew his appeal as to the issue of entitlement to disability rating in excess of 40 percent for his back claim.  In a signed statement, the Veteran indicated that he was satisfied with his current benefits and wished to withdraw his claim.  The Veteran’s statement indicating his intention to withdraw the appeal as to this issue satisfies the requirements for the withdrawal of a substantive appeal.  Therefore, 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 it is dismissed.

 

 

D. Martz Ames

Veterans Law Judge

Board of Veterans’ Appeals

Attorney for the Board	R. Brunot, 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 This decision is not precedential and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.