Citation Nr: 21004021
Decision Date: 01/25/21	Archive Date: 01/25/21

DOCKET NO. 15-10 444A
DATE: January 25, 2021

ORDER

The appeal regarding entitlement to a rating in excess of 20 percent for degenerative disc disease of the lumbar spine is dismissed.

The appeal regarding entitlement to a rating in excess of 20 percent for radiculopathy of the sciatic nerve in the lower left extremity is dismissed.

The appeal regarding entitlement to a rating in excess of 20 percent for radiculopathy of the sciatic nerve in the lower right extremity is dismissed.

The appeal regarding entitlement to a rating in excess of 20 percent prior to March 3, 2016, for radiculopathy of the femoral nerve in the lower left extremity, and in excess of 10 percent thereafter, is dismissed.

The appeal regarding entitlement to a rating in excess of 20 percent prior to March 3, 2016, for radiculopathy of the femoral nerve in the lower right extremity, and in excess of 10 percent thereafter, is dismissed.

FINDING OF FACT

In November 2020, prior to the promulgation of a decision in the appeal, VA received notification from the Veteran that he wished to withdraw all pending appeals.

CONCLUSIONS OF LAW

1. The criteria for withdrawal of the claim for a rating in excess of 20 percent for for degenerative disc disease of the lumbar spine have been met.  38 U.S.C. § 7105; 38 C.F.R. § 19.55.

2. The criteria for withdrawal of the claim for a rating in excess of 20 percent for radiculopathy of the sciatic nerve in the lower left extremity have been met.  38 U.S.C. § 7105; 38 C.F.R. § 19.55.

3. The criteria for withdrawal of the claim for a rating in excess of 20 percent for radiculopathy of the sciatic nerve in the lower right extremity have been met.  38 U.S.C. § 7105; 38 C.F.R. § 19.55.

4. The criteria for withdrawal of the claim for a rating in excess of 20 percent prior to March 3, 2016, for radiculopathy of the femoral nerve in the lower left extremity, and in excess of 10 percent thereafter, have been met.  38 U.S.C. § 7105; 38 C.F.R. § 19.55.

5. The criteria for withdrawal of the claim for a rating in excess of 20 percent prior to March 3, 2016, for radiculopathy of the femoral nerve in the lower right extremity, and in excess of 10 percent thereafter, have been met.  38 U.S.C. § 7105; 38 C.F.R. § 19.55.

REASONS AND BASES FOR FINDING AND CONCLUSIONS

The Veteran served on active duty from September 1995 to March 1998.

In June 2018, the Board remanded the Veteran’s claims to the Agency of Original Jurisdiction (AOJ) for further action consistent with the Board’s remand directives.  The claims are back before the Board for further appellate proceedings.  

In November 2020, the Veteran notified VA that he wished to withdraw his “appeal in full.”  See November 2020 Veteran’s correspondence; see also July 2018 Veteran’s correspondence and September 2020 VA Form 21-0820.

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.  Id.  In the present case, the appellant has withdrawn the issues on appeal and, hence, there remain no allegations of error of fact or law for appellate consideration.

Accordingly, the Board does not have jurisdiction to review the appeal and it is dismissed.

 

 

DONNIE R. HACHEY

Veterans Law Judge

Board of Veterans’ Appeals

Attorney for the Board	A. Strickland

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.