Citation Nr: 21076746 Decision Date: 12/27/21 Archive Date: 12/27/21 DOCKET NO. 16-49 946A DATE: December 27, 2021 ORDER Entitlement to a disability evaluation for mechanical low back pain syndrome in excess of 10 percent prior to February 6, 2019, and in excess of 40 percent from February 6, 2019 is dismissed. Entitlement to a separate disability evaluation for right lower extremity radiculopathy involving the sciatic nerve prior to March 25, 2014, and a disability rating in excess of 10 percent prior to September 8, 2021, and in excess of 40 percent from September 8, 2021, is dismissed. Entitlement to a separate disability evaluation for left lower extremity radiculopathy involving the sciatic nerve prior to March 25, 2014, and an initial compensable rating from March 25, 2019 to February 6, 2019, and in excess of 10 percent from February 6, 2019, is dismissed. Entitlement to a separate disability evaluation for right lower extremity radiculopathy involving the femoral nerve prior to February 6, 2019, and a disability rating in excess of 10 percent from February 6, 2019, is dismissed. Entitlement to a separate disability evaluation for left lower extremity radiculopathy involving the femoral nerve prior to February 6, 2019, and a disability rating in excess of 10 percent from February 6, 2019, is dismissed. Entitlement to a disability evaluation for greater trochanteric bursitis of the right hip in excess of 10 percent based on limitation of flexion is dismissed. Entitlement to a disability evaluation for greater trochanteric bursitis of the right hip in excess of 10 percent based on limitation of extension is dismissed. FINDING OF FACT On September 27, 2021, prior to the promulgation of a decision on these matters, VA received written notification from the Veteran and his representative, requesting to withdraw the issues on appeal. CONCLUSION OF LAW The criteria for withdrawal of an appeal by the Veteran have been met. 38 U.S.C. § 7105; 38 C.F.R. § 19.55. REASONS AND BASES FOR FINDINGS AND CONCLUSIONS The Veteran had active service from August 2000 to May 2003. This case is before the Board of Veterans' Appeals (Board) on appeal from May 2015 (increased ratings for bilateral radiculopathy and the right hip disability based on limitation of extension), August 2015 (increased rating for the right hip disability based on limitation of flexion and the low back disability), and rating decision of the Department of Veterans Affairs (VA) Regional Office (RO). Following the Veteran's March 2021 Board hearing before the undersigned Veterans Law Judge (VLJ), the matters were remanded in May 2021 for additional development and VA examination. A transcript of the hearing is associated with the evidentiary claims file. In a September 2021 rating decision, the RO granted an increased disability evaluation of 40 percent, effective September 8, 2021, for the Veteran's right lower extremity sciatic nerve disability. As the Veteran was not granted the maximum benefits for the entire appeal period, beginning February 10, 2009, this period remains on appeal. See AB v. Brown, 6 Vet. App. 35 (1993). Thus, the issue has been recharacterized as entitlement to a separate disability evaluation for right lower extremity radiculopathy involving the sciatic nerve prior to March 25, 2014, and a disability rating in excess of 10 percent prior to September 8, 2021, and in excess of 40 percent from September 8, 2021. Now the matters before the Board. Withdrawal of Appeal 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. Appeal withdrawals must include the name of the veteran, the applicable Department of Veterans Affairs file number, and 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. In September 2021, prior to the promulgation of a decision in the instant appeal, the Veteran's representative submitted a motion to withdraw the appeal and included the Veteran's email correspondence listing the claims that he wished to withdraw. See September 27, 2021 Motion to Withdraw Appeal. The Veteran's representative identified each issue on appeal in the withdrawal motion, as was noted in the Veteran's email where he listed each disability he wished to withdraw exactly as they were addressed in the supplemental statement of the case (SSOC) issued by the RO. See September 23, 2021 SSOC. As such, the Board finds the written withdrawal of all issues on appeal is explicit, unambiguous, and made with a full understanding of the consequences of such action. DeLisio v. Shinseki, 25 Vet. App. 45, 57 (2011); see also Acree v. O'Rourke, 891 F.3d 1009 (2018). Considering the above, there remain no allegations of errors of fact or law for appellate consideration. The Board does not have jurisdiction to review the appeals, and it is therefore dismissed. MICHAEL LANE Veterans Law Judge Board of Veterans' Appeals Attorney for the Board N. Gipson, 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.