Citation Nr: 21068573
Decision Date: 11/10/21	Archive Date: 11/10/21

DOCKET NO. 17-03 156
DATE: November 10, 2021

ORDER

Entitlement to a rating in excess of 20 percent for degenerative disc disease of the lumbar spine is dismissed.

Entitlement to a rating in excess of 10 percent for left lower extremity radiculopathy associated with degenerative disc disease of the lumbar spine is dismissed.

Entitlement to a rating in excess of 20 percent for right lower extremity radiculopathy associated with degenerative disc disease of the lumbar spine since June 29, 2020 is dismissed.

FINDING OF FACT

On July 2, 2021, prior to the promulgation of a decision in the appeal, the Board received notification from the appellant that a withdrawal of this appeal is requested.

CONCLUSION OF LAW

The criteria for withdrawal of an appeal by the appellant have been met.  38 U.S.C. § 7105; 38 C.F.R. § 20.205.

REASONS AND BASES FOR FINDING AND CONCLUSION

The Veteran served on active duty in the United States Army from January 1993 to January 1996, including service in the Persian Gulf from August 1995 to November 1995.

This case was previously remanded by the Board in a March 2021 decision for further development.

The Board may dismiss any appeal that 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  An appeal may be withdrawn as to any or all issues involved in the appeal at any time before the Board promulgates a decision.  38 C.F.R. § 19.55.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.  In the present case, the appellant has withdrawn this appeal and, hence, there remain no allegations of errors of fact or law for appellate consideration. In a July 2021 Appeals Satisfaction Notice, the Veteran stated he was satisfied with his current disability ratings and withdrew the three aforementioned increased rating claims on appeals.  See July 2021 Correspondence.  Accordingly, the Board does not have jurisdiction to review the appeal and it is dismissed.

 

 

STEVEN D. REISS

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	Zarar Ahmed, Attorney Advisor

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 This decision is not precedential and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.