Citation Nr: 21064336
Decision Date: 10/19/21	Archive Date: 10/19/21

DOCKET NO. 17-47 022
DATE: October 19, 2021

ORDER

The appeal of the propriety of the reduction of a 40 percent rating to 20 percent from April 1, 2017 to June 19, 2017, for lumbar strain with intervertebral disc syndrome is dismissed.

The appeal of entitlement to increased rating in excess of 40 percent for lumbar strain with intervertebral disc syndrome is dismissed.

The appeal of entitlement to an earlier effective date prior to June 19, 2017, for the assignment of a 40 percent rating for lumbar strain with intervertebral disc syndrome is dismissed.

The appeal of entitlement to an effective date prior to September 30, 2015, for the grant of a total disability rating based on individual unemployability due to service-connected disability is dismissed.

The appeal of entitlement to an effective date prior to September 30, 2015, for the grant of Dependents Educational Assistance is dismissed.

FINDING OF FACT

On June 21, 2020, prior to the promulgation of a decision in the appeal, the Board received notification from the appellant, through his authorized representative, that a withdrawal of this appeal is requested.

CONCLUSIONS OF LAW

1. The criteria for withdrawal of the appeal of the propriety of the reduction of a 40 percent rating to 20 percent from April 1, 2017 to June 19, 2017, for lumbar strain with intervertebral disc syndrome by the appellant, through his authorized representative have been met.  38 U.S.C. § 7105; 38 C.F.R. § 19.55.

2. The criteria for withdrawal of the appeal of entitlement to increased rating in excess of 40 percent for lumbar strain with intervertebral disc syndrome by the appellant, through his authorized representative have been met.  38 U.S.C. § 7105; 38 C.F.R. § 19.55.

3. The criteria for withdrawal of the appeal of entitlement to an earlier effective date prior to June 19, 2017, for the assignment of a 40 percent rating for lumbar strain with intervertebral disc syndrome by the appellant, through his authorized representative have been met.  38 U.S.C. § 7105; 38 C.F.R. § 19.55.

4. The criteria for withdrawal of the appeal of entitlement to an effective date prior to September 30, 2015, for the grant of a total disability rating based on individual unemployability due to service-connected disability by the appellant, through his authorized representative have been met.  38 U.S.C. § 7105; 38 C.F.R. § 19.55.

5. The criteria for withdrawal of the appeal of entitlement to an effective date prior to September 30, 2015, for the grant of Dependents Educational Assistance by the appellant, through his authorized representative have been met.  38 U.S.C. § 7105; 38 C.F.R. § 19.55.

REASONS AND BASES FOR FINDING AND CONCLUSIONS

The Veteran's withdrawn appeal was related to January 2017 and July 2017 rating decisions regarding a reduction of the rating for a lumbar strain with intervertebral disc syndrome, an increased rating and earlier effective date for the rating for a lumbar strain with intervertebral disc syndrome, and an earlier effective date for a total disability rating based on individual unemployability due to service-connected disability and Dependents Educational Assistance benefits.  In a June 21, 2020 statement, the Veteran withdrew the request for a hearing and requested the dismissal of all issues as he was satisfied with his ratings.   

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.  38 C.F.R. § 19.55.  In the present case, the appellant, through his authorized representative, has withdrawn this 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.

 

 

C. CRAWFORD

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	B. Temple, 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.