Citation Nr: 21076662 Decision Date: 12/27/21 Archive Date: 12/27/21 DOCKET NO. 14-20 853 DATE: December 27, 2021 ORDER The appeal concerning entitlement to an increased evaluation in excess of 20 percent for a lumbar spine disability with intervertebral disc syndrome (IVDS) has been withdrawn and is therefore dismissed. The appeal concerning entitlement to an increased evaluation in excess of 10 percent for a right knee disability has been withdrawn and is therefore dismissed. The appeal concerning entitlement to an increased evaluation in excess of 10 percent prior to March 17, 2021, and in excess of 40 percent from March 17, 2021, for right lower extremity radiculopathy has been withdrawn and is therefore dismissed. The appeal concerning entitlement to a total disability evaluation based on individual unemployability (TDIU) has been withdrawn and is therefore dismissed. FINDINGS OF FACT 1. On December 6, 2021, prior to the promulgation of a decision in the appeal, the Board received written notification from the Veteran's representative confirming that the Veteran's written correspondence received by VA on July 7, 2021 that a withdrawal of this appeal concerning entitlement to an increased evaluation in excess of 20 percent for a lumbar spine disability with intervertebral disc syndrome (IVDS) is requested. 2. On December 6, 2021, prior to the promulgation of a decision in the appeal, the Board received written notification from the Veteran's representative confirming that the Veteran's written correspondence received by VA on July 7, 2021 that a withdrawal of this appeal concerning entitlement to an increased evaluation in excess of 10 percent for a right knee disability is requested. 3. On December 6, 2021, prior to the promulgation of a decision in the appeal, the Board received written notification from the Veteran's representative confirming that the Veteran's written correspondence received by VA on July 7, 2021 that a withdrawal of this appeal concerning entitlement to an increased evaluation in excess of 10 percent prior to March 17, 2021, and in excess of 40 percent from March 17, 2021 for right lower extremity radiculopathy is requested. 4. On December 6, 2021, prior to the promulgation of a decision in the appeal, the Board received written notification from the Veteran's representative confirming that the Veteran's written correspondence received by VA on July 7, 2021 that a withdrawal of this appeal concerning entitlement to a total disability evaluation based on individual unemployability (TDIU) is requested. CONCLUSIONS OF LAW 1. The criteria for withdrawal of entitlement to an increased evaluation in excess of 20 percent for a lumbar spine disability with intervertebral disc syndrome (IVDS) by the Veteran have been met. 38 U.S.C. § 7105 (2012); 38 C.F.R. § 19.55 (2021). 2. The criteria for withdrawal of entitlement to an increased evaluation in excess of 10 percent for a right knee disability by the Veteran have been met. 38 U.S.C. § 7105 (2012); 38 C.F.R. § 19.55 (2021). 3. The criteria for withdrawal of entitlement to an increased evaluation in excess of 10 percent prior to March 17, 2021, and in excess of 40 percent from March 17, 2021 for right lower extremity radiculopathy by the Veteran have been met. 38 U.S.C. § 7105 (2012); 38 C.F.R. § 19.55 (2021). 4. The criteria for withdrawal of entitlement to a total disability evaluation based on individual unemployability (TDIU) by the Veteran have been met. 38 U.S.C. § 7105 (2012); 38 C.F.R. § 19.55 (2021). REASONS AND BASES FOR FINDINGS AND CONCLUSIONS The Veteran served on active duty from August 1963 to April 1985. This matter comes before the Board of Veterans' Appeals (Board) on appeal from a September 2011 rating decision by the Department of Veterans Affairs (VA) Regional Office (RO) in Seattle, Washington. As part of his substantive appeal, the Veteran requested a hearing before a Veterans Law Judge. In correspondence dated December 23, 2016, and again on January 9, 2017, the Veteran was properly notified of the date, time and location of the scheduled videoconference hearing set for January 27, 2013 but failed to report for the hearing. VA received a request to cancel the hearing on January 30, 2017. The hearing request is therefore considered withdrawn. 38 C.F.R. § 20.704(d). Withdrawn Issues 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. In the present case, the Veteran has withdrawn his appeals for an increased evaluation for his lumbar back, an increased evaluation for his right knee, an increased evaluation for his right lower extremity radiculopathy, and a TDIU, in written correspondence with VA and, hence, there remain no allegations of errors of fact or law for appellate consideration. As a matter of law, a withdrawal of an appeal is effective when received. See 38 C.F.R. § 19.55. As the Board does not have jurisdiction to review those claims, they are therefore dismissed. SPENCER L. LAYTON Acting Veterans Law Judge Board of Veterans' Appeals Attorney for the Board J. Setter, 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.