Citation Nr: 21061815 Decision Date: 10/05/21 Archive Date: 10/05/21 DOCKET NO. 15-38 795 DATE: October 5, 2021 ORDER Entitlement to a rating in excess of 40 percent for intervertebral disc syndrome (IVDS) of the thoracolumbar spine from July 28, 2015, to October 14, 2015, and from February 1, 2016, is dismissed. Entitlement to an initial rating in excess of 10 percent from September 1, 2013, to November 1, 2020, and in excess of 20 percent from November 2, 2020, for sciatica of the right lower extremity is dismissed. Entitlement to an initial rating in excess of 10 percent from July 28, 2015, to August 9, 2017, and zero percent from August 10, 2017, to include whether a separate rating is warranted prior to July 28, 2015, for right femoral radiculopathy is dismissed. Entitlement to an initial rating in excess of 10 percent from July 28, 2015, to August 9, 2017, and zero percent from August 10, 2017, to include whether a separate rating is warranted prior to July 28, 2015, for left femoral radiculopathy is dismissed. FINDING OF FACT In a June 2021 Appeals Satisfaction Notice, prior to the promulgation of a decision in the appeal, the Veteran expressed satisfaction with the June 2021 rating decision and requested to withdraw all remaining issues contained in the Supplemental Statement of the Case (SSOC). CONCLUSIONS OF LAW 1. The criteria for withdrawal of an appeal by the Veteran with respect to the issue of entitlement to a disability rating in excess of 40 percent for IVDS have been met. 38 U.S.C. § 7105(b)(2), (d)(5); 38 C.F.R. § 20.204. 2. The criteria for withdrawal of an appeal by the Veteran with respect to the issue of entitlement to an initial rating in excess of 10 percent from September 1, 2013, to November 1, 2020, and in excess of 20 percent from November 2, 2020, for sciatica of the right lower extremity have been met. 38 U.S.C. § 7105(b)(2), (d)(5); 38 C.F.R. § 20.204. 3. The criteria for withdrawal of an appeal by the Veteran with respect to the issue of entitlement to an initial rating in excess of 10 percent from July 28, 2015, to August 9, 2017, and zero percent from August 10, 2017, to include whether a separate rating is warranted prior to July 28, 2015, for right femoral radiculopathy have been met. 38 U.S.C. § 7105(b)(2), (d)(5); 38 C.F.R. § 20.204. 4. The criteria for withdrawal of an appeal by the Veteran with respect to the issue of entitlement to an initial rating in excess of 10 percent disabling from July 28, 2015, to August 9, 2017, and zero percent from August 10, 2017, to include whether a separate rating is warranted prior to July 28, 2015, for left femoral radiculopathy have been met. 38 U.S.C. § 7105(b)(2), (d)(5); 38 C.F.R. § 20.204. REASONS AND BASES FOR FINDING AND CONCLUSIONS The Veteran served on active duty from July 1983 to August 2012. In March 2020, the Veteran testified before the undersigned Veterans Law Judge (VLJ). A transcript of the hearing is of record. In July 2020, the Board remanded the claim for entitlement to a rating in excess of 40 percent for IVDS and in excess of 10 percent for sciatica, right lower extremity for further development. In June 2021, the Board remanded the claim on the title page for further development. Dismissal 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. § 20.204. Withdrawal may be made by the appellant or by his or her authorized representative. 38 C.F.R. § 20.204. Analysis In May 2021, the Veteran received a Supplemental Statement of the Case (SSOC). The SSOC informed the Veteran that VA denied increased initial ratings for IVDS and sciatica of the right lower extremity. Regarding bilateral femoral radiculopathy, VA increased the ratings from zero percent to 10 percent effective April 30, 2021; however, VA denied initial increased ratings in excess of 10 percent from July 28, 2015, to August 9, 2017, and zero percent from August 10, 2017, to include whether a separate rating is warranted prior to July 28, 2015. In June 2021, the Veteran submitted a signed Appeals Satisfaction Notice. The notice stated, "I have received the recent correspondence regarding the decision to grant one or more of my issues on appeal. Based on the decision rendered, I am satisfied and wish to withdraw all remaining issues associated with this appeal. By signing and submitting this form, I am asking to withdraw all remaining issues contained in my recent Statement of the Case (SOC)/Supplemental Statement of the Case (SSOC) and ask the regional office of jurisdiction to discontinue further development actions associated with this appeal." In the present case, the Veteran has withdrawn the issues on appeal, and, hence, 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. MICHAEL LANE Veterans Law Judge Board of Veterans' Appeals Attorney for the Board T. Moore 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.