Citation Nr: 21072557
Decision Date: 12/03/21	Archive Date: 12/03/21

DOCKET NO. 16-56 007
DATE: December 3, 2021

ORDER

The appeal seeking an increased rating for lower back strain, higher than 10 prior to September 25, 2019 and higher than 20 percent thereafter, is dismissed.

The appeal seeking a compensable rating for ventral hernia, status post repair is dismissed.

FINDING OF FACT

In November 2021 correspondence, the Veteran, through his representative, requested to withdraw from appellate status the claims for an increased rating for a low back strain, as well as the claim for a compensable rating for ventral hernia.

CONCLUSION OF LAW

The criteria for withdrawal of the appeals for increased ratings for a low back strain and ventral hernia 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 August 2004 to August 2008.

These matters are before the Board following an August 2021 remand by the Board of Veterans' Appeals (Board) for further development.

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  An appeal may be withdrawn as to any or all issues involved in the appeal at any time before the Board promulgates a decision.  38 C.F.R. § 19.55.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.  Id.  In the present case, the Veteran, through his authorized representative, withdrew the appeals via written correspondence in November 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 appeals and they are dismissed.

 

 

JOHN Z. JONES

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	P. Chalker, 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 This decision is not precedential and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.