Citation Nr: 21073885
Decision Date: 12/13/21	Archive Date: 12/13/21

DOCKET NO. 14-09 443
DATE: December 13, 2021

ORDER

The appeal for entitlement to a rating in excess of 20 percent for degenerative joint and disc disease lumbsacral spine with intervertebral disc syndrome (IVDS) is dismissed. 

FINDING OF FACT

On November 2, 2021, prior to the promulgation of a decision in the appeal, 

VA received notification from the Veteran that a withdrawal of his appeal for an increased rating for degenerative joint and disc disease lumbsacral spine with IVDS is requested.

CONCLUSION OF LAW

The criteria for withdrawal of an appeal by the Veteran are met as to the claim of entitlement to an increased rating for degenerative joint and disc disease lumbsacral spine with IVDS. 38 U.S.C. § 7105(b)(2), (d)(5); 38 C.F.R. § 19.55

REASONS AND BASES FOR FINDING AND CONCLUSION

The Veteran served on active duty from June 1966 to June 1970. He received the Purple Heart Medal with star. This matter comes before the Board of Veterans' Appeals (Board) on appeal from a July 2012 rating decision of the Department of Veterans Affairs (VA) Regional Office (RO).

This case was previously before the Board in November 2017, at which time the Board remanded the matter for further development. As the requested development is now moot, no further action to ensure compliance with the remand directives is required.

Subsequently, a July 2020 rating decision granted service connection for bilateral lower extremity radiculopathy and assigned four separate 20 percent disability ratings for the aforementioned disabilities. The rating decision also granted service connection for IVDS, which combined with the 20 percent evaluation for degenerative joint and disc disease lumbsacral spine. 07/17/2020, Rating Decision. 

Withdrawal

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 An appeal may be withdrawn as to any or all issues involved in the appeal at any time before the Board promulgates a decision. 38 C.F.R. § 19.55 (2020).

Withdrawal may be made by the appellant or by his or her authorized representative. 38 C.F.R. § 19.55. 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.

In a November 2021 communication, the Veteran stated that he desired to formally withdraw his appeal. The Veteran also withdrew his request for a Board hearing, indicating that he is satisfied insofar as his "case was settled last year." 11/02/2021, Correspondence. Prior to the request to withdraw the appeal, the RO assigned a combined rating of 80 percent based on the Veteran's service-connected disabilities. 07/17/2020, Rating Decision. This statement meets the requirements of 38 C.F.R. § 19.55(b) as it included the name of the Veteran, his VA file number, and claim to be withdrawn. See Hembree v. Wilkie, 33 Vet. App. 1, 6-7 (2020) (holding that, unlike an oral withdraw at a hearing, a written withdrawal request does not require full understanding of the consequences of such action on the part of the claimant, but needs to comply with the applicable regulation).

In the present case, the Veteran has withdrawn his appeal for the claims of entitlement to a rating in excess of 20 percent for degenerative joint and disc disease lumbsacral spine with IVDS. As such, the Board finds that there remains no allegations of errors of fact or law for appellate consideration. Accordingly, 

the Board does not have jurisdiction to review the lower back issue and it is dismissed. 

 

 

Paul Sorisio

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	David Han

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.