Citation Nr: 21067527 Decision Date: 11/04/21 Archive Date: 11/04/21 DOCKET NO. 15-26 995 DATE: November 4, 2021 ORDER Entitlement to a rating in excess of 20 percent for left lower extremity (LLE) radiculopathy is dismissed. Entitlement to a rating in excess of 20 percent for right lower extremity (RLE) radiculopathy is dismissed. FINDING OF FACT On September 10, 2021, prior to the promulgation of a decision in the appeal, the Board received notification from the appellant, by and through his authorized representative, that a withdrawal of this appeal is requested. CONCLUSION OF LAW The criteria for withdrawal of an appeal 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 CONCLUSION The Veteran served on active duty in the United States Army from September 1977 to March 1980. The Board of Veterans' Appeals (Board) notes, preliminarily, that after certification of this appeal to the Board, the Veteran's representative moved to withdraw from representation of the Veteran in a September 2021 letter. See letter received September 23, 2021. Following certification of an appeal to the Board, a representative may not withdraw representation unless good cause is shown on motion. Such motions must be in writing and must include the name of the veteran, the name of the claimant or appellant if other than the veteran (e.g., a veteran's survivor, a guardian, or a fiduciary appointed to receive VA benefits on an individual's behalf), the applicable Department of Veterans Affairs (VA) file number, and the reason why withdrawal should be permitted, and a signed statement certifying that a copy of the motion was sent by first-class mail, postage prepaid, to the appellant, setting forth the address to which the copy was mailed. 38 C.F.R. § 20.6. The Veteran's representative's September 23, 2021 motion to withdraw did not include the reason why withdrawal should be permitted, nor did it include a signed statement certifying that a copy of the motion was sent by first-class mail, postage prepaid, to the appellant, setting forth the address to which the copy was mailed. Thus, the motion did not meet the requirements set forth in 38 C.F.R. § 20.6, and it is therefore denied. This matter originally came before the Board from an October 2012 rating decision issued by a VA Regional Office (RO), which, in pertinent part, denied ratings in excess of 10 percent for LLE and RLE radiculopathy. In a September 2018 decision, the Board, in pertinent part, denied ratings in excess of 10 percent for the Veteran's LLE and RLE radiculopathy. The Veteran appealed that Board decision to the U.S. Court of Appeals for Veterans Claims (Court), which remanded the issues of entitlement to ratings in excess of 10 percent for the Veteran's LLE and RLE radiculopathy to the Board for action (specifically, readjudication) consistent with the terms of an August 2019 Joint Motion that the Veteran and the VA's General Counsel filed with the Court. The appeal was subsequently remanded by the Board for additional development in March 2020. While the matter was in remand status, in a November 2020 rating decision, the RO increased the ratings for the Veteran's LLE and RLE radiculopathy to 20 percent, effective June 13, 2012, the date of receipt of the claim for increase. The issues were last remanded by the Board in January 2021. 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. Id. In the present case, the appellant, by and through his authorized representative, has withdrawn this appeal, and hence, there remain no allegations of errors of fact or law for appellate consideration. The withdrawal was in writing and included (1) the name of the Veteran, (2) the applicable VA file number, and (3) a statement that the appeal is withdrawn. See 38 C.F.R. § 19.55(b)(1); letter received September 10, 2021. Accordingly, the Board does not have jurisdiction to review the appeal and it is dismissed. A. J. Spector Veterans Law Judge Board of Veterans' Appeals Attorney for the Board C. Banks, 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.