Citation Nr: 21003581
Decision Date: 01/22/21	Archive Date: 01/22/21

DOCKET NO. 18-42 796
DATE: January 22, 2021

ORDER

Entitlement to a rating in excess of 10 percent for degenerative disc disease of the lumbar spine is dismissed.

Entitlement to a rating in excess of 20 percent for radiculopathy affecting the right lower extremity is dismissed.

Entitlement to a rating in excess of 10 percent for radiculopathy affecting the left lower extremity is dismissed.

Entitlement to an effective date earlier than April 6, 2015 for a 10 percent rating for degenerative disc disease of the lumbar spine is dismissed.

Entitlement to an effective date earlier than April 6, 2015 for a rating in excess of 20 percent for radiculopathy affecting the right lower extremity is dismissed.

Entitlement to an effective date earlier than April 6, 2015 for a rating in excess of 10 percent for radiculopathy affecting the left lower extremity is dismissed.

FINDING OF FACT

In a January 2021 statement, the Veteran withdrew her appeal seeking increased ratings for her service-connected thoracolumbar spine disability and radiculopathy of both lower extremities, and for effective dates earlier than April 6, 2015 for those service-connected disabilities, stating that she had received complete compensation since initiating the appeal in November 2015.

CONCLUSION OF LAW

The criteria for withdrawal of the Veteran’s appeal seeking increased ratings for her service-connected thoracolumbar spine disability and radiculopathy of both lower extremities and effective dates earlier than April 6, 2015 for those service-connected disabilities have been met.  38 U.S.C. § 7105; 38 C.F.R. § 19.55.

REASONS AND BASES FOR FINDING AND CONCLUSION

The Veteran had active service from January 2003 to July 2003 and from May 1996 to February 2000.

Dismissal of Appeal

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  An appeal may be withdrawn as to any or all issues involved in the appeal at any time before the Board promulgates a decision.  38 C.F.R. § 19.55.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

In a January 2021 statement, the Veteran requested to withdraw her appeal seeking increased ratings for her service-connected thoracolumbar spine disability and radiculopathy of both lower extremities, and for effective dates earlier than April 6, 2015 for those service-connected disabilities.  The statement included her name, claims file number, and clearly expressed her desire to withdraw her appeal. Specifically, according to the Veteran, she did not wish to pursue her appeal because she had received full compensation since initiating this appeal in November 2015, and it would not change her current compensation. The Board notes that the Veteran has been in receipt of a total combined schedular rating of 100 percent, effective from October 8, 2018.

In light of the January 2021 statement from the Veteran, there remain no allegations of errors of fact or law for appellate consideration regarding the six issues enumerated immediately above.  The Board finds that the Veteran’s request to withdraw her appeal on those issues was explicit, unambiguous, and done with a full understanding of the consequences.  She knew she was withdrawing her appeal.  The received statement is in full-keeping with the applicable regulations. Accordingly, the Board does not have jurisdiction to review the appeal as to those issues and they are dismissed.  See 38 C.F.R. § 19.55(c).

 

 

MICHAEL A. HERMAN

Veterans Law Judge

Board of Veterans’ Appeals

Attorney for the Board	Douglas M. Humphrey, 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.