Citation Nr: 21072548
Decision Date: 12/03/21	Archive Date: 12/03/21

DOCKET NO. 16-09 053
DATE: December 3, 2021

ORDER

Entitlement to a disability rating higher than 10 percent for a thoracolumbar spine (low back) disability is dismissed.

Entitlement to a disability rating higher than 0 percent for hypertension is dismissed.

Entitlement to a total disability rating based on individual unemployability due to service connected disabilities (TDIU) prior to July 19, 2019, is dismissed. 

FINDINGS OF FACT

1. On April 7, 2021, prior to the promulgation of a decision in the appeal, the Board received notification from the Veteran that a withdrawal of the appeal of entitlement to a disability rating higher than 10 percent for a low back disability was requested.

2. On April 7, 2021, prior to the promulgation of a decision in the appeal, the Board received notification from the Veteran that a withdrawal of the appeal of entitlement to a disability rating higher than 0 percent for hypertension was requested.

3. On April 7, 2021, prior to the promulgation of a decision in the appeal, the Board received notification from the Veteran that a withdrawal of the appeal of entitlement to TDIU prior to July 19, 2019, was requested.

CONCLUSIONS OF LAW

1. The criteria for withdrawal of the appeal of entitlement to a disability rating higher than 10 percent for a low back disability are met. 38 U.S.C. § 7105 (West 2014); 38 C.F.R. § 20.205. 

2. On April 7, 2021, prior to the promulgation of a decision in the appeal, the Board received notification from the Veteran that a withdrawal of the appeal of entitlement to a disability rating higher than 0 percent for hypertension was requested.

3. The criteria for withdrawal of the appeal of entitlement to TDIU prior to July 19, 2019, are met. 38 U.S.C. § 7105 (West 2014); 38 C.F.R. § 20.205. 

REASONS AND BASES FOR FINDINGS AND CONCLUSIONS

The appellant is a veteran (the Veteran) who had active duty for training from May 1993 to August 1993, and active duty service from March 2003 to July 2003, and from October 2004 to March 2003. The Veteran had additional periods of active duty for training (ACDUTRA) and inactive duty training (INACDUTRA) with the National Guard. 

This appeal comes before the Board of Veterans' Appeals (Board) from a January 2014 rating decision of the Department of Veterans Affairs (VA) Regional Office (RO) in Milwaukee, Wisconsin.

In May 2019, the Board remanded this appeal for additional evidentiary development. The appeal has since been returned to the Board for further appellate action. 

Withdrawal of Appeal

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.

Entitlement to a disability rating higher than 10 percent for a low back disability. 

Entitlement to a disability rating higher than 0 percent for hypertension. 

Entitlement to TDIU prior to July 19, 2019.

In the present case, in April 2021, the Veteran withdrew the appeal as to all remaining issues (Record 04/07/2021).. 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. As the appeal has been withdrawn, the Board finds that dismissal is appropriate.

 

 

JONATHAN B. KRAMER

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	L. Cramp

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.