Citation Nr: 21061749
Decision Date: 10/05/21	Archive Date: 10/05/21

DOCKET NO. 16-38 245
DATE:   October 5, 2021

ORDER

Entitlement to a compensable rating prior to January 18, 2015, and a rating in excess of 10 percent thereafter, for left eye occlusion is dismissed.

Entitlement to a rating in excess of 20 percent prior to July 27, 2015 and after September 1, 2015 for multilevel degenerative disc disease of the lumbar spine, status post laminectomy, is dismissed.

FINDING OF FACT

In a September 10, 2021 submission, the Veteran indicated he was withdrawing the issues of entitlement to increased ratings for a left eye occlusion and multilevel degenerative disc disease of the lumbar spine, status post laminectomy. 

CONCLUSIONS OF LAW

1. The criteria for withdrawal for entitlement to a compensable rating prior to January 18, 2015, and a rating in excess of 10 percent thereafter for left eye occlusion have been met. 38 U.S.C. § 7105; 38 C.F.R. § 19.55.

2. The criteria for withdrawal for entitlement to a rating in excess of 20 percent prior to July 27, 2015 and after September 1, 2015 for multilevel degenerative disc disease of the lumbar spine, status post laminectomy have been met. 38 U.S.C. § 7105; 38 C.F.R. § 19.55.

REASONS AND BASES FOR FINDINGS AND CONCLUSIONS

The Veteran served on active duty from September 1966 to August 1968, to include service in the Republic of Vietnam. The Veteran's awards and decorations for his service include a Combat Infantryman Badge, among others.

These matters come to the Board of Veterans' Appeals (Board) on appeal from a June 2015 rating decision issued by the Department of Veterans Affairs (VA) Regional Office (RO) St. Paul, Minnesota.  

In an April 2021, the Veteran withdrew his request for a hearing before a Veterans Law Judge, and seemed to indicate an intent to withdrawal this appeal. In July 2021, the Board sent a withdrawal clarification letter to the Veteran. 

An appeal may be withdrawn as to any or all issues involved in the appeal at any time before the Board promulgates a decision. 38 C.F.R. § 19.55.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

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In a September 10, 2021 submission, the Veteran indicated that he no longer wished to pursue his appeal, and wanted to withdrawal his 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. This request for withdrawal of the issue on appeal meets the content, form, and timing requirements of 38 C.F.R. § 19.55(b) and is, therefore, deemed a withdrawal of the claim. See 38 C.F.R. § 19.55(c); see also Hembree v. Wilkie, 33 Vet. App. 1 (2020). As a result, no allegation of error of fact or law remains before the Board for consideration with regard to this issue. Accordingly, the Board does not have jurisdiction over this issue, and the appeal is dismissed.

 

 

KRISTY L. ZADORA

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	Mariah N. Sim, 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.