Citation Nr: 21071508
Decision Date: 11/30/21	Archive Date: 11/30/21

DOCKET NO. 15-04 822
DATE: November 30, 2021

ORDER

Entitlement to an increased evaluation for a kidney condition, status post right nephrectomy for recurrent urinary tract infections and non-functionality, is dismissed.

Entitlement to service connection for degenerative disc disease of the lumbar spine is dismissed.

FINDINGS OF FACT

1. In March 2019, prior to the promulgation of a decision in the appeal, the Board received notification from the Veteran that he desired to withdraw his appeal for entitlement to an increased rating for a kidney condition, status post right nephrectomy for recurrent urinary tract infections and non-functionality.  

2. In a March 2019 communication, the Veteran's representative indicated the Veteran that he desired to withdraw his appeal for entitlement to service connection for degenerative disc disease of the lumbar spine.

CONCLUSIONS OF LAW

1. The criteria for withdrawal of the appeal for entitlement to an increased evaluation for a kidney condition, status post right nephrectomy for recurrent urinary tract infections and non-functionality have been met.  38 U.S.C. § 7105; 38 C.F.R. § 19.55.

2. The criteria for withdrawal of the appeal for entitlement to service connection for degenerative disc disease of the lumbar spine have been met.  38 U.S.C. § 7105; 38 C.F.R. § 19.55.

REASONS AND BASES FOR FINDINGS AND CONCLUSIONS

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  An appeal may be withdrawn as to any or all issues involved in the appeal at any time before the Board promulgates a decision.  38 C.F.R. § 19.55 (a).  Withdrawal may be made by the veteran or by his or her authorized representative. 38 C.F.R. § 19.55 (b).  The withdrawal must be in writing except when the appeal is withdrawn on the record at a hearing.  38 C.F.R. § 19.55.

In a signed and dated March 2019 communication from the Veteran's representative, the Veteran indicated he wished to withdraw his pending appeals for entitlement to an increased rating for a kidney condition, status post right nephrectomy for recurrent urinary tract infections and non-functionality, and service connection for degenerative disc disease of the lumbar spine.  Accordingly, the Board does not have jurisdiction to review these aspects of the Veteran's appeals, and the issues must be dismissed. 

 

 

T. REYNOLDS

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	D. Gorum, 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.