Citation Nr: 21073480
Decision Date: 12/08/21	Archive Date: 12/08/21

DOCKET NO. 19-13 357
DATE: December 8, 2021

ORDER

Entitlement to a rating in excess of 20 percent for lumbar spine degenerative disc disease is dismissed.  

FINDING OF FACT

By letter dated November 2021, prior to the promulgation of a decision in the appeal, the Veteran withdrew his claim of entitlement to a rating in excess of 20 percent for lumbar spine degenerative disc disease.   

CONCLUSION OF LAW

The criteria for withdrawal of the issue of entitlement to a rating in excess of 20 percent for lumbar spine degenerative disc disease have been met.  38 U.S.C. § 7105(b)(2), (d)(5); 38 C.F.R. § 19.55. 

REASONS AND BASES FOR FINDING AND CONCLUSION

The Veteran had active military service from March 2008 to March 2013.    

This case comes before the Board of Veterans' Appeals (Board) on appeal from a January 2018 rating decision issued by the Department of Veterans Affairs (VA) Regional Office (RO).  

The Veteran was scheduled for a hearing in December 2021. However, the Veteran withdrew his appeal prior to the scheduled hearing.

Withdrawal

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  An appeal may be withdrawn as to any or all issues involved in the appeal at any time before the Board promulgates a decision.  38 C.F.R. § 19.55.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

By letter dated November 2021, the Veteran, through his representative, submitted a statement stating that the Veteran wished to withdraw his claim of entitlement to a rating in excess of 20 percent for lumbar spine degenerative disc disease. This statement was signed and submitted by the Veteran's attorney. The withdrawal was effective immediately upon receipt by VA.  38 C.F.R. § 19.55(b)(3). The Board finds that the Veteran's withdrawal is unambiguous, was in writing, included the name of the veteran, the file number and a statement that the appeal is withdrawn. See Hembree v. Wilkie, 33 Vet. App 1 (2020).  Thus, as there remains no allegation of error of fact or law for appellate consideration, the Board does not have jurisdiction to review the appeal as to the above-mentioned issue, and it is dismissed.

 

 

KRISTY L. ZADORA

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	Christopher O'Donnell, 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.