Citation Nr: A21017233
Decision Date: 10/25/21	Archive Date: 10/25/21

DOCKET NO. 200618-94009
DATE: October 25, 2021

ORDER

The claim for entitlement to a rating higher than 10 percent for degenerative disc disease (DDD) with herniated nucleus pulposus (HNP), L5-S1 is dismissed.

FINDING OF FACT

On June 25, 2021, prior to the promulgation of a decision in the appeal, the Board received notification from the appellant's representative in writing that he wished to withdraw his appeal of the claim for a rating higher than 10 percent for DDD with HNP, L5-S1.  

CONCLUSION OF LAW

The criteria for withdrawal of an appeal by the appellant as to the issue of a rating higher than 10 percent for DDD with HNP, L5-S1 have been met.  38 U.S.C. § 7105; 38 C.F.R. § 20.205.

REASONS AND BASES FOR FINDING AND CONCLUSION

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  An appeal may be withdrawn as to any or all issues involved in the appeal at any time before the Board promulgates a decision.  38 C.F.R. § 20.205.  Withdrawal may be made by the appellant or by his or her authorized representative.  38 C.F.R. § 20.205.  

In the present case, the appellant, through his representative, has withdrawn his appeal as to the issue of a rating higher than 10 percent for the service-connected DDD with HNP, L5-S1.  

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.  

 

 

K. Parakkal

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	Bakke, Lila J.

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 This decision is not precedential and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.