Citation Nr: 21076832
Decision Date: 12/28/21	Archive Date: 12/27/21

DOCKET NO. 16-07 186
DATE: December 28, 2021

ORDER

The appeal of the issue of entitlement to service connection for an acquired psychiatric disorder, to include depression and anger, is dismissed.

The appeal of the issue of entitlement to an evaluation in excess of 30 percent for cervical spine intervertebral disc syndrome, status post laminectomy, is dismissed.

The appeal of the issue of entitlement to an evaluation in excess of 50 percent for right upper extremity radiculopathy is dismissed.

The appeal of the issue of entitlement to an evaluation in excess of 40 percent for left upper extremity radiculopathy is dismissed.

FINDING OF FACT

In November 2021 correspondence, prior to the promulgation of this decision in the appeal, the Veteran withdrew his claims for service connection for an acquired psychiatric disorder and increased ratings for cervical spine and bilateral upper extremity radiculopathy disabilities.

CONCLUSIONS OF LAW

1. The criteria for dismissal of the appeal of entitlement to service connection for an acquired psychiatric disorder, to include depression and anger, are met.  38 U.S.C. § 7105; 38 C.F.R. § 19.55.

2. The criteria for dismissal of the appeal of entitlement to an evaluation in excess of 30 percent for cervical spine intervertebral disc syndrome, status post laminectomy, are met.  38 U.S.C. § 7105; 38 C.F.R. § 19.55.

3. The criteria for dismissal of the appeal of entitlement to an evaluation in excess of 50 percent for right upper extremity radiculopathy are met.  38 U.S.C. § 7105; 38 C.F.R. § 19.55.

4. The criteria for dismissal of the appeal of entitlement to an evaluation in excess of 40 percent for left upper extremity radiculopathy are met.  38 U.S.C. § 7105; 38 C.F.R. § 19.55.

REASONS AND BASES FOR FINDING AND CONCLUSIONS

The Veteran served on active duty from September 1981 to February 1986.  

This matter comes before the Board of Veterans' Appeals (Board) on appeal from an August 2015 rating decision by the Department of Veterans Affairs (VA) Regional Office (RO) in Salt Lake City, Utah.  

Withdrawal of Claims

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  An appeal may be withdrawn as to any or all issues involved in the appeal at any time before the Board promulgates a decision. 38 C.F.R. § 19.55.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 his or her authorized representative. Id.  

Here, the Veteran submitted a written statement in November 2021 indicating that he wished to "withdraw [his] appeal on all issues."  The November 2021 statement contained the Veteran's name, claims file number and a specific indication that the Veteran wished to withdraw all claims on appeal.  38 C.F.R. § 19.55(b)(1); Hembree v. Wilkie, 33 Vet. App. 1, 6 (2020).  The Board thus concludes that the Veteran has withdrawn the appeals of the claims for service connection for an acquired psychiatric condition and for increased ratings for his cervical spine and bilateral upper extremity radiculopathy disabilities, and there remain no allegations of errors of fact or law for appellate consideration for those claims.  38 U.S.C. § 7105(d).  Accordingly, the Board does not have jurisdiction to review those issues and the appeal is dismissed.    

 

 

S.C. KREMBS

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	M. Snyder, 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.