Citation Nr: 21069552
Decision Date: 11/18/21	Archive Date: 11/18/21

DOCKET NO. 17-03 338
DATE: November 18, 2021

ORDER

The appeal seeking a rating higher than 10 percent for traumatic arthritis of the cervical spine is dismissed.

The appeal seeking a rating higher than 10 percent for traumatic arthritis of the dorsal spine is dismissed.

The appeal seeking a rating higher than 10 percent for a back disability is dismissed.

The appeal seeking a rating higher than 10 percent for left ulnar nerve is dismissed.

FINDING OF FACT

In November 2021, prior to the promulgation of a decision in this appeal, the Veteran requested a withdrawal of the appeals seeking higher ratings for traumatic arthritis of the cervical spine, traumatic arthritis of the dorsal spine, back disability, and left ulnar nerve.

CONCLUSION OF LAW

The criteria for withdrawal of the appeals seeking higher ratings for traumatic arthritis of the cervical spine, traumatic arthritis of the dorsal spine, back disability, and left ulnar nerve are 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 from July 1945 to August 1946, and from September 1949 to May 1976.

This matter comes before the Board of Veterans' Appeals (Board) on appeal from a March 2015 rating decision issued by the Department of Veterans Affairs (VA) Regional Office (RO).

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 An appeal may be withdrawn as to any or all issues involved in the appeal at any time before the Board promulgates a decision. 38 C.F.R. § 20.204. Withdrawal may be made by the appellant or by his or her authorized representative. 38 C.F.R. § 20.204. The withdrawal must be in writing except when the appeal is withdrawn on the record at a hearing. 38 C.F.R. § 20.204(b).

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In the present case, in November 2021 statement, the Veteran withdrew his appeals for higher ratings for cervical spine, dorsal spine, back disability and left ulnar nerve. Hence, there remain no allegations of errors of fact or law for appellate consideration. Accordingly, the Board does not have jurisdiction to review these issues and the appeals are dismissed.

 

 

JOHN Z. JONES

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	A. Hemphill

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.