Citation Nr: 21071811
Decision Date: 12/01/21	Archive Date: 12/01/21

DOCKET NO. 20-07 314
DATE: December 1, 2021

ORDER

The appeal regarding the propriety of the reduction in rating for radiculopathy of the left lower extremity (femoral nerve) from 10 to 0 percent, effective June 8, 2017, is dismissed.  

The appeal regarding entitlement to an increased (compensable) rating for radiculopathy of the left lower extremity (femoral nerve) is dismissed.  

FINDING OF FACT

On November 22, 2021, prior to the promulgation of a decision in the appeal, the Department of Veterans Affairs (VA) received notification from the Veteran requesting withdrawal of the instant appeal.

CONCLUSION OF LAW

The criteria for withdrawal of an appeal by the appellant 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 in the United States Air Force from September 1980 to September 1984 and in the United States Army from January 2002 to July 2004.  This matter comes before the Board of Veterans' Appeals (Board) on appeal from a June 2017 rating decision issued by a VA Regional Office.

A claim for an increased rating is separate from a claim concerning whether a reduction in rating is proper. See Dofflemeyer v. Derwinski, 2 Vet. App. 277, 279-280 (1992).  In this case, however, the Veteran appealed the reduction in rating implanted in the June 2017 rating decision and simultaneously requested an increased rating in his April 2018 Notice of Disagreement, and the December 2019 Statement of the Case addressed both the reduction and increased rating issues.  Accordingly, the Board has jurisdiction over both the reduction and increased rating claims, as noted on the title page.

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  An appeal may be withdrawn as to any or all issues involved in the appeal at any time before the Board promulgates a decision.  38 C.F.R. § 19.55.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.  38 C.F.R. § 19.55.  

In the present case, the Veteran has withdrawn the entirety of his appeal involving the rating assigned to his left lower extremity radiculopathy (femoral nerve), including the propriety of reduction in rating, in a signed November 2021 statement.  See November 2021 VA Form 21-4138.  

 

Hence, there remain no allegations of errors of fact or law for appellate consideration.  Accordingly, the Board does not have jurisdiction to review the appeal and it is dismissed.

 

 

S. BUSH

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	D. Saumur, 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.