Citation Nr: 21002906
Decision Date: 01/19/21	Archive Date: 01/19/21

DOCKET NO. 17-47 983
DATE: January 19, 2021

ORDER

The appeal as to the issue of entitlement to an initial rating in excess of 10 percent for lumbosacral strain is dismissed.

The appeal as to the issue of entitlement to an initial compensable rating for unspecified anxiety disorder is dismissed.

FINDING OF FACT

On October 19, 2020, prior to promulgation of a decision in the appeal, the Board of Veterans’ Appeals (Board) received notification from the Veteran requesting withdrawal of his pending appeal for an initial rating in excess of 10 percent for lumbosacral strain and an initial compensable rating for an unspecified anxiety disorder.

CONCLUSION OF LAW

The criteria for withdrawal of the appeal as to the issues of entitlement to an initial rating in excess of 10 percent for lumbosacral strain and entitlement to an initial compensable rating for unspecified anxiety disorder are met. 38 U.S.C. § 7105; 38 C.F.R. § 19.55.

REASONS AND BASES FOR FINDING AND CONCLUSION

The Board may dismiss any appeal that fails to allege a specific error of fact or law in the determination being appealed. 38 U.S.C. § 7105. Here, in an October 2020 written and signed statement, the Veteran specifically withdrew the appeal as to the issues identified in his June 2017 Notice of Disagreement (NOD), which included the issues of increased initial ratings for lumbosacral strain and anxiety disorder. See October 2020 Veteran Correspondence; see also January 2021 Report of General Information (indicating the Veteran called VA and requested that his appeal pending before the Board be withdrawn).  Thus, there remain no allegations of error of fact or law for appellate consideration, and these issues are dismissed. 38 U.S.C. § 7105; 38 C.F.R. § 19.55. 

The Board notes that although the Veteran also listed the issue of entitlement to an increased rating for temporomandibular joint (TMJ) disorder on his withdrawal statement, that issue had not been perfected to the Board, and therefore it is not subject to the instant dismissal.  (The Veteran specifically requested a 10 percent rating for his TMJ disorder on his June 2017 NOD, and the Regional Office (RO) awarded a 10 percent rating in a June 2017 rating decision, noting this was a complete resolution of his appeal as to that issue).  

 

 

S. BUSH

Veterans Law Judge

Board of Veterans’ Appeals

Attorney for the Board	D. deBruyn, 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.