Citation Nr: 21068172
Decision Date: 11/09/21	Archive Date: 11/09/21

DOCKET NO. 18-27 250
DATE: November 9, 2021

ORDER

Entitlement to an increased disability rating for service-connected pseudofolliculitis barbae is dismissed.

Entitlement to an increased disability rating for service-connected moderate degenerative disc disease and facet arthropathy of the lumbar spine is dismissed.

FINDING OF FACT

In written correspondence received by VA on October 26, 2020, prior to promulgation of a decision on the appeal, the Veteran withdrew his appeal as to the issues of entitlement to an increased disability rating for service-connected pseudofolliculitis barbae and entitlement to an increased disability rating for service-connected moderate degenerative disc disease and facet arthropathy of the lumbar spine.

CONCLUSIONS OF LAW

1. The criteria for withdrawal of an appeal for entitlement to an increased disability rating for service-connected pseudofolliculitis barbae have been met.  38 U.S.C. § 7105; 38 C.F.R. § 19.55.

2. The criteria for withdrawal of an appeal for entitlement to an increased disability rating for service-connected moderate degenerative disc disease and facet arthropathy of the lumbar spine have been met.  38 U.S.C. § 7105; 38 C.F.R. § 19.55.

REASONS AND BASES FOR FINDING AND CONCLUSIONS

The Veteran served on active duty from August 1973 to July 1990.

These matters come to the Board of Veterans' Appeals (Board) on appeal from an April 2018 rating decision of a Department of Veterans Affairs (VA) Regional Office (RO).

The Veteran testified before the undersigned Veterans Law Judge (VLJ) during a November 2019 videoconference hearing.  A transcript of that hearing is associated with the claims file.

This case was previously before the Board in February 2020 when it was remanded for additional development.  It has returned for adjudication.

1. Entitlement to an increased disability rating for service-connected pseudofolliculitis barbae 

2. Entitlement to an increased disability rating for service-connected moderate degenerative disc disease and facet arthropathy of the lumbar spine 

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  An appeal may be withdrawn as to any or all issues involved in the appeal at any time before the Board promulgates a decision.  38 C.F.R. § 19.55.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 correspondence dated in October 2020, prior to promulgation of a decision on the appeal, the Veteran withdrew his appeal as to the issues of entitlement to an increased disability rating for service-connected pseudofolliculitis barbae and entitlement to an increased disability rating for service-connected moderate degenerative disc disease and facet arthropathy of the lumbar spine.  Such was sufficient to meet the requirements of 38 C.F.R. § 19.55(b).  Hence, as there remain no allegations of errors of fact or law for appellate consideration with respect to these issues, the Board lacks jurisdiction to review the appeals, and they are dismissed without prejudice. 

 

CAROLINE B. FLEMING

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	L. Connor, 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.