Citation Nr: 21067103
Decision Date: 11/03/21	Archive Date: 11/03/21

DOCKET NO. 18-10 735
DATE: November 3, 2021

ORDER

Entitlement to a rating in excess of 20 percent for service-connected lumbosacral strain with degenerative joint disease is dismissed.

Entitlement to an initial rating in excess of 10 percent for service-connected radiculopathy of the left lower extremity, sciatic nerve is dismissed.

Entitlement to an initial rating in excess of 10 percent for service-connected radiculopathy of the right lower extremity, sciatic nerve is dismissed.  

FINDING OF FACT

On October 21, 2021, prior to the promulgation of a decision in the appeal, the Board received notification from the Veteran that he wished to withdraw his appeal.  

CONCLUSION OF LAW

The criteria for withdrawal of an appeal by the Veteran 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 in the United States Army from March 1985 to June 1998 and in the Army National Guard from October 2003 to February 2005.  For his meritorious service, the Veteran was awarded (among other decorations) the Army Commendation and Achievement Medals, and the Southwest Asia Service Medal.

This appeal comes to the Board of Veterans' Appeals (Board) from a March 2017 rating decision of a Department of Veterans Affairs (VA) Regional Office (RO).

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  An appeal may be withdrawn as to any or all issues involved in the appeal at any time before the Board promulgates a decision.  38 C.F.R. § 19.55.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.  Unless an appeal is withdrawn on the record at a hearing, a veteran or a representative of a veteran must file a written document withdrawing an appeal.  

The Veteran was scheduled for a travel board hearing before a member of the Board in October 2021.  In September 2021, the Veteran contacted VA to state that he wanted to cancel his upcoming hearing.  Shortly thereafter, the Veteran faxed an intention to withdraw his appeal to his representative.  In that letter, the Veteran stated that he wanted to withdraw his appeal, and that he was grateful for the decisions already provided to him by VA.

When reading the October 2021 fax in concert with the Veteran's September 2021 request to cancel his hearing and the fact that the Veteran is in receipt of a combined 100 percent schedular rating, the Board finds it clear from his communications that he desired to withdraw all issues on appeal before the Board.  The Board could delay this action in order to seek additional context from the Veteran's representative or from the Veteran himself, but given his clear intentions, such action is unnecessary.  The Board finds that the Veteran's statement meets the criteria for a valid withdrawal of the issues before the Board, and there are no remaining issues of fact or law to adjudicate.

The Board thanks the Veteran for his lengthy and honorable service, including over six years of foreign service.

For the preceding reasons, the Board does not have jurisdiction to review the appeal; it is dismissed.

 

 

Evan M. Deichert

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	J. Crawford, 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.