Citation Nr: 21065287
Decision Date: 10/25/21	Archive Date: 10/25/21

DOCKET NO. 20-08 355A
DATE: October 25, 2021

ORDER

Entitlement to service connection for hypertension as secondary to service-connected degenerative disc disease of the lumbar spine is dismissed as withdrawn.

Entitlement to service connection for ophthalmologic residuals, to include as secondary to diabetes, is dismissed as withdrawn.

Entitlement to service connection for gout as secondary to diabetes is dismissed as withdrawn.

Entitlement to service connection for sleep apnea is dismissed as withdrawn. 

Entitlement to a disability rating in excess of 20 percent prior to January 27, 2020, and a disability rating in excess of 40 percent therefrom for service-connected degenerative disc disease of the lumbar spine, is dismissed as withdrawn.

Entitlement to a disability rating in excess of 40 percent for left lower extremity lumbar radiculopathy of the sciatic nerve is dismissed as withdrawn.

Entitlement to a disability rating in excess of 20 percent for right lower extremity lumbar radiculopathy of the sciatic nerve is dismissed as withdrawn.

Entitlement to a disability rating in excess of 20 percent for left lower extremity femoral nerve radiculopathy is dismissed as withdrawn.

Entitlement to a disability rating in excess of 20 percent for right lower extremity femoral nerve radiculopathy is dismissed as withdrawn.

Entitlement to a disability rating in excess of 30 percent for major depressive disorder is dismissed as withdrawn. 

FINDING OF FACT

In March 2021, prior to the promulgation of a decision in the appeal, the Board received notification from the Veteran, through his authorized representative, that a withdrawal of this appeal is requested.

CONCLUSION OF LAW

The criteria for withdrawal of an appeal by the Veteran's authorized representative have been met.  38 U.S.C. § 7105; 38 C.F.R. § 19.55.

REASONS AND BASES FOR FINDING AND CONCLUSION

The Veteran served on active duty from June 1994 to August 1994 and from March 2003 to December 2004.

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  An appeal may be withdrawn as to any or all issues involved in the appeal at any time before the Board promulgates a decision.  38 C.F.R. § 19.55.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 Veteran or by his or her authorized representative.  38 C.F.R. § 19.55.  In the present case, the Veteran, through his then-authorized representative, submitted a statement that the Veteran wishes to withdraw all pending appeals.  Therefore, the Board finds the Veteran has withdrawn this appeal and, hence, there remains no allegations of errors of fact or law for appellate consideration.  

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

 

 

Tiffany Dawson

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	Moore, Carlin

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.