Citation Nr: 21067703
Decision Date: 11/05/21	Archive Date: 11/05/21

DOCKET NO. 17-64 374
DATE: November 5, 2021

ORDER

A rating in excess of 20 percent for degenerative disc disease (DDD) of the lumbar spine with intervertebral disc syndrome (IVDS) is dismissed.

A rating in excess of 10 percent for radiculopathy of the left lower extremity (LLE) is dismissed.

A rating in excess of 10 percent for radiculopathy of the right lower extremity (RLE) is dismissed. 

FINDING OF FACT

In October 2021, prior to the promulgation of a decision in this appeal, the Veteran indicated his intent to withdraw the appeals.

CONCLUSIONS OF LAW

1. The criteria for withdrawal of a rating in excess of 20 percent for lumbar DDD with IVDS have been met.  38 U.S.C. § 7105 (2012); 38 C.F.R. § 20.205 (2021).

2. The criteria for withdrawal of a rating in excess of 10 percent for LLE radiculopathy have been met.  38 U.S.C. § 7105 (2012); 38 C.F.R. § 20.205 (2021).

3. The criteria for withdrawal of a rating in excess of 10 percent for RLE radiculopathy have been met.  38 U.S.C. § 7105 (2012); 38 C.F.R. § 20.205 (2021).

REASONS AND BASES FOR FINDING AND CONCLUSIONS

An appeal may be withdrawn as to any or all issues involved in the appeal at any time before the Board promulgates a decision.  38 C.F.R. § 20.204.  Withdrawal may be made by the appellant or by his or her authorized representative.  38 C.F.R. § 20.204.  

In October 2021, the Veteran indicated that he was satisfied with the ratings awarded, withdrew his request for a hearing before the Board, and further requested to withdraw his appeal.  The statement was in writing, was signed by the Veteran's representative, and was received by the Board prior to the issuance of a final decision on these matters.  

The statement therefore satisfied the requirements of 38 C.F.R. § 20.204.  Accordingly, he effectively withdrew his appeal.  As he has withdrawn the appeal, the Board does not have jurisdiction to review the appeals, and they are dismissed.  

 

L. HOWELL

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	A. Spigelman, 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 This decision is not precedential and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.