Citation Nr: 21073607 Decision Date: 12/09/21 Archive Date: 12/09/21 DOCKET NO. 19-15 097 DATE: December 9, 2021 ORDER Entitlement to service connection for headaches as secondary to thoracolumbar spondylosis is dismissed. Entitlement to an earlier effective date for radiculopathy, left lower extremity, is dismissed. Entitlement to an earlier effective date for radiculopathy, right lower extremity, is dismissed. FINDING OF FACT At a December 2021 hearing, prior to promulgation of a decision, the Veteran withdrew from appeal the issues of entitlement to service connection for headaches as secondary to thoracolumbar spondylosis and entitlement to earlier effective dates for bilateral lower extremity radiculopathy. CONCLUSIONS OF LAW 1. The criteria for a withdrawal of an appeal as to the issue of entitlement to service connection for headaches as secondary to thoracolumbar spondylosis have been met. 38 U.S.C. § 7105(d)(5); 38 C.F.R. § 20.204. 2. The criteria for a withdrawal of an appeal as to the issue of entitlement to an earlier effective date for radiculopathy, left lower extremity, have been met. 38 U.S.C. § 7105(d)(5); 38 C.F.R. § 20.204. 3. The criteria for a withdrawal of an appeal as to the issue of entitlement to an earlier effective date for radiculopathy, right lower extremity, have been met. 38 U.S.C. § 7105(d)(5); 38 C.F.R. § 20.204. REASONS AND BASES FOR FINDING AND CONCLUSIONS The Veteran served on active duty in the United States Navy from April 1982 to April 1986. This matter comes before the Board of Veterans Appeals (Board) on appeal from an October 2016 rating decision issued by the Department of Veterans Affairs (VA) Regional Office (RO). At a December 2021 hearing, the Veteran testified before the undersigned Veterans Law Judge (VLJ). This case is being processed under the Board's One-Touch Initiative. A transcript of the hearing will be associated with the claims file at a later time. As an aside, the Board notes that during the hearing the fact that he was awarded a total disability rating for individual unemployability (TDIU) was also addressed. The RO had granted TDIU, effective May 5, 2016, in a December 2016 decision and the effective date of that award recently reached the Board in September 2021 where, at that time, the Board granted an earlier effective date to January 1, 2016, for his TDIU award in light of the evidence that this was the time he ceased working. As it does appear the Board has already addressed this appeal, it no longer appears to be before the Board here. In any case, it is worth noting that the Veteran confirmed during the December 2021 hearing that he is satisfied with the January 1, 2016, effective date of his TDIU award and was no longer pursuing the issue. The matter will no longer be addressed herein. 1. Entitlement to service connection for headaches as secondary to thoracolumbar spondylosis is dismissed. 2. Entitlement to an earlier effective date for radiculopathy, left lower extremity, is dismissed. 3. Entitlement to an earlier effective date for radiculopathy, right lower extremity, is dismissed. 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. § 20.204. Withdrawal may be made by the Veteran or by his or her authorized representative in writing or on the record at a hearing on appeal. Id. In the present case, at the December 2021 hearing, the Veteran stated specifically that he wished to withdraw all claims in his appeal. The undersigned VLJ discussed the implications of a withdrawal and the Veteran confirmed his desire to withdraw the issues. His statement constitutes a valid withdrawal of the appeal of the claims for service connection for headaches and earlier effective dates for bilateral lower extremity radiculopathy as it is explicit, unambiguous, and done with a full understanding of the consequences of such action. See DeLisio v. Shinseki, 25 Vet. App. 45, 57 (2011); Acree v. O'Rourke, 891 F.3d 1009, fn. 2 (Fed. Cir. 2018). (Continued on the next page) As the Veteran has withdrawn the appeal of these issues, there remain no allegations of errors of fact or law for appellate consideration with regard to the issues. Accordingly, there is no case or controversy currently before the Board, and the appeal is dismissed. SHEREEN M. MARCUS Veterans Law Judge Board of Veterans' Appeals Attorney for the Board Rachel E. Jensen, 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.