Citation Nr: 21062623
Decision Date: 10/08/21	Archive Date: 10/08/21

DOCKET NO. 17-44 646
DATE: October 8, 2021

ORDER

1. The appeal seeking service connection for a right knee disorder is dismissed.

2. The appeal seeking service connection for a right ankle disorder is dismissed.

3. The appeal seeking an increased rating for a thoracolumbar spine disability is dismissed.

4. The appeal seeking an increased rating for left lower extremity radiculopathy is dismissed.

5. The appeal seeking an increased rating for right lower extremity radiculopathy is dismissed.

6. The appeal seeking an earlier effective date for the grant of service connection for a thoracolumbar spine disability is dismissed.

7. The appeal seeking an earlier effective date for the grant of service connection for left lower extremity radiculopathy is dismissed.

8. The appeal seeking an earlier effective date for the grant of service connection for right lower extremity radiculopathy is dismissed.

FINDING OF FACT

In an August 2018 statement, prior to the promulgation of a Board decision on the appeal in the matters, the Veteran expressed his intent to withdraw all remaining issues associated with his appeal; there is no question of fact or law in these matters remaining for the Board to consider.

CONCLUSION OF LAW

The criteria for withdrawal of an appeal are met with respect to the claims seeking service connection for a right knee disability and a right ankle disability, increased ratings for a thoracolumbar spine disability and bilateral lower extremity radiculopathy, and earlier effective dates for the grants of service connection for a thoracolumbar spine disability and bilateral lower extremity radiculopathy; the Board has no further jurisdiction in these matters.  38 U.S.C. §§ 7104, 7105; 38 C.F.R. § 19.55.

REASONS AND BASES FOR FINDING AND CONCLUSION

The appellant is a Veteran who had active service from December 1982 to June 1986.  This case is before the Board of Veterans' Appeals (Board) on appeal from July 2016 and June 2017 Department of Veterans Affairs (VA) rating decisions.

Dismissals

The Board has jurisdiction where there is a question of law or fact on appeal to the Secretary.  38 U.S.C. § 7104; 38 C.F.R. § 20.104.  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  An appeal may be withdrawn as to any or all issues involved in the appeal at any time before the Board promulgates a decision.  Withdrawal may be made by the appellant or an authorized representative, and must be in writing or on the record at a hearing.  38 C.F.R. § 19.55. 

In August 2018, the Veteran's representative submitted a written statement withdrawing all remaining issues remaining on appeal.  The statement expressing the Veteran's intent to withdraw the appeals is explicit and unambiguous.  Hembree v. Wilkie, No. 18-3856 (Vet. App. August 31, 2020).  Consequently, is no allegation of error of fact or law for appellate consideration in these matters.  

Accordingly, the Board does not have jurisdiction to further consider appeals in the matters, and the appeals must be dismissed.

 

 

GEORGE R. SENYK

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	T. Berryman, 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.