Citation Nr: 21068549
Decision Date: 11/10/21	Archive Date: 11/10/21

DOCKET NO. 16-52 114
DATE: November 10, 2021

ORDER

The appeal for a rating in excess of 40 percent for thoracolumbar spine intervertebral disc syndrome, degenerative arthritis, and spinal stenosis is dismissed.  

The appeal for entitlement to a total rating for compensation purposes based on individual unemployability due to service connected disabilities (TDIU) prior to May 28, 2015, is dismissed.  

FINDINGS OF FACT

1. In the November 2021 Written Brief Presentation, the accredited representative expressly withdrew the appeal for a rating in excess of 40 percent for thoracolumbar spine intervertebral disc syndrome, degenerative arthritis, and spinal stenosis.  

2. In the November 2021 Written Brief Presentation, the accredited representative expressly withdrew the appeal for entitlement to a TDIU prior to May 28, 2015.  

CONCLUSIONS OF LAW

1. The criteria for withdrawal of the appeal for a rating in excess of 40 percent for thoracolumbar spine intervertebral disc syndrome, degenerative arthritis, and spinal stenosis are met.  38 U.S.C. § 7105; 38 C.F.R. § 19.55.  

2. The criteria for withdrawal of the appeal for entitlement to a TDIU prior to May 28, 2015, are met.  38 U.S.C. § 7105; 38 C.F.R. § 19.55.

REASONS AND BASES FOR FINDING AND CONCLUSIONS

The Veteran had active service from January 1982 to January 1994. 

Withdrawal

In April 2020, the Agency of Original Jurisdiction granted a 40 percent rating for thoracolumbar spine intervertebral disc syndrome, degenerative arthritis, and spinal stenosis and a TDIU and effectuated the awards as of May 28, 2015.  In an April 2020 Appeals Satisfaction Notice, the Veteran stated that "based on the decision rendered, I am satisfied and wish to withdraw all remaining issues associated with this appeal."  

In the November 2021 Written Brief Presentation, the accredited representative expressly withdrew the appeal for a rating in excess of 40 percent for thoracolumbar spine intervertebral disc syndrome, degenerative arthritis, and spinal stenosis and a TDIU prior to May 28, 2015.  

A veteran or authorized representative may withdraw a substantive appeal in writing at any time prior to the Board of Veterans' Appeals (Board) promulgation of a decision.  38 C.F.R. § 19.55.  The Board finds that the Veteran has effectively withdrawn the appeal for a rating in excess of 40 percent for thoracolumbar spine intervertebral disc syndrome, degenerative arthritis, and spinal stenosis and a TDIU prior to May 28, 2015.  Therefore, the Board concludes that no allegation of fact or law remains as to these issues, and the appeal must be dismissed.  38 U.S.C. § 7105. 

 

J. T. HUTCHESON

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	H. Marsdale

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.