Citation Nr: 21074810
Decision Date: 12/16/21	Archive Date: 12/16/21

DOCKET NO. 18-50 769
DATE: December 16, 2021

ORDER

The appeal is dismissed.

FINDING OF FACT

In a written statement received in June 2021, prior to the promulgation of a decision, the Veteran withdrew his appeal.

CONCLUSION OF LAW

The criteria for withdrawal of the appeal by the Veteran have been 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 from March 1997 to March 2001 and December 2002 to August 2003. 

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

In his November 2018 substantive appeal, the Veteran requested a Board hearing before a Veterans Law Judge, which was scheduled for July 2021; however, prior to such hearing, he withdrew his appeal.

1. Entitlement to an initial rating in excess of 20 percent for right lower extremity radiculopathy.

2. Entitlement to an initial rating in excess of 20 percent for left lower extremity radiculopathy.

3. Entitlement to an effective date prior to February 21, 2018, for the award of service connection for right lower extremity radiculopathy.

4. Entitlement to an effective date prior to February 21, 2018, for the award of service connection for left lower extremity radiculopathy.

5. Entitlement to a total disability rating based on individual unemployability.

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  An appeal may be withdrawn as to any or all issues involved in the appeal at any time before the Board promulgates a decision.  38 C.F.R. § 19.55.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.  For withdrawals not made on the record at a Board hearing, such must be in writing and include (1) the name of the appellant, (2) the applicable VA file number, and (3) a statement that the appeal is withdrawn.  If the appeal involves multiple issues, the withdrawal must specify that the appeal is withdrawn in its entirety or list the issue(s) withdrawn from the appeal.  Id.; Hembree v. Wilkie, 33 Vet. App. 1 (2020).  

In a written statement received in June 2021, prior to the promulgation of a decision, the Veteran indicated satisfaction with a recent rating decision issued in April 2021 and withdrew his appeal as to all remaining issues, which includes the above captioned issues. In this regard, such statement was in writing, authored by the Veteran, included the correct file number, and explicitly identified the issues to be withdrawn. Therefore, there remain no allegations of errors of fact or law for appellate consideration. Accordingly, the Board does not have jurisdiction to review the appeal and it is dismissed.

 

 

A. JAEGER

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	Spielmann, Jill F.

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.