Citation Nr: 21073864
Decision Date: 12/10/21	Archive Date: 12/10/21

DOCKET NO. 16-32 389
DATE: December 10, 2021

ORDER

The appeal seeking entitlement to an initial disability rating in excess of 10 percent for the period prior to April 4, 2016, and in excess of 40 percent thereafter, for the Veteran's service-connected lower back condition is dismissed.

The appeal regarding the propriety of the reduction of the Veteran's service-connected lower back condition from 40 percent disabling to 10 percent disabling, effective April 1, 2018, is dismissed.

FINDING OF FACT

On September 30, 2021, prior to the promulgation of a decision in the appeal, the Board of Veterans' Appeals received notification from the Veteran, through his authorized representative, that a withdrawal of this appeal is requested.

CONCLUSION OF LAW

The criteria for withdrawal of an appeal by the Veteran through his authorized representative have been met. 38 U.S.C. § 7105; 38 C.F.R. § 19.55.

REASONS AND BASES FOR FINDING AND CONCLUSION

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 An appeal may be withdrawn as to any or all issues involved in the appeal at any time before the Board promulgates a decision. 38 C.F.R. § 19.55.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 In the present case, the Veteran, through his authorized representative, has withdrawn this appeal and, hence, there remain no allegations of errors of fact or law for appellate consideration. Specifically, the Veteran notified the Board in a letter received by the Board of Veterans' Appeals on September 30, 2021 that he wished to withdraw all remaining issues of the Supplemental Statement of the Case (SSOC), which are the claims for an increased rating for his lower back condition and the propriety of the reduction of the rating assigned for that disability. The SSOC addressed all matters remanded by the Board in its May 2021 Remand and are listed on the first page of this decision. As such, there are no matters left for appellate review. Accordingly, the Board does not have jurisdiction to review the appeal and it is dismissed.

 

 

DELYVONNE M. WHITEHEAD

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	Boushehri, Darjush M.

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 This decision is not precedential and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.