Citation Nr: A21019865 Decision Date: 12/14/21 Archive Date: 12/14/21 DOCKET NO. 201208-130161 DATE: December 14, 2021 ORDER Entitlement to a rating in excess 10 percent from June 15, 2007 to October 14, 2009, a rating in excess 40 percent From October 14, 2009 to June 28, 2013, and a rating in excess of 60 percent from June 28, 2013, for service-connected disc disease involving L4-5 and L5-S1 with intervertebral disc syndrome (IVDS) is dismissed. Entitlement to a rating in excess of 0 percent from January 22, 2013 to September 3, 2013, a rating in excess of 10 percent from September 3, 2013 to February 21, 2020, a rating in excess of 30 percent from February 21, 2020 to July 31, 2020, and a rating in excess of 10 percent from July 31, 2020, for service-connected left hip strain is dismissed. Entitlement to a compensable rating for service-connected left hip limitation of abduction and rotation is dismissed. Entitlement to a compensable rating for service-connected left hip limitation of extension is dismissed. Entitlement to a compensable rating prior to September 3, 2013, and a rating in excess of 10 percent from September 3, 2013 for service-connected right hip strain associated with disc disease involving L4-5 and L5-S1 with IVDS is dismissed. Entitlement to a rating in excess of 10 percent for service-connected limitation of extension of the right hip associated with right hip strain is dismissed. Entitlement to a compensable rating prior to June 25, 2020, and a rating in excess of 10 percent from June 25, 2020, for service-connected limitation of abduction of the right hip associated with right hip strain is dismissed. Entitlement to a compensable rating prior to February 10, 2020, and a rating in excess of 30 percent from February 10, 2020, for service-connected depressive disorder is dismissed. FINDING OF FACT On November 12, 2021, prior to the promulgation of a decision in the appeal, the Board received notification from the Veteran, through her authorized representative, that a withdrawal of this appeal is requested. CONCLUSIONS OF LAW 1. The criteria for withdrawal by the Veteran, through her authorized representative, of the issue of entitlement to a rating in excess 10 percent from June 15, 2007 to October 14, 2009, a rating in excess 40 percent From October 14, 2009 to June 28, 2013, and a rating in excess of 60 percent from June 28, 2013, for service-connected disc disease involving L4-5 and L5-S1 with intervertebral disc syndrome (IVDS) have been met. 38 U.S.C. § 7105; 38 C.F.R. § 20.205. 2. The criteria for withdrawal by the Veteran, through her authorized representative, of the issue of entitlement to a rating in excess of 0 percent from January 22, 2013 to September 3, 2013, a rating in excess of 10 percent from September 3, 2013 to February 21, 2020, a rating in excess of 30 percent from February 21, 2020 to July 31, 2020, and a rating in excess of 10 percent from July 31, 2020, for service-connected left hip strain have been met. 38 U.S.C. § 7105; 38 C.F.R. § 20.205. 3. The criteria for withdrawal of by the Veteran, through her authorized representative, of the issue of entitlement to a compensable rating for service-connected left hip limitation of abduction and rotation have been met. 38 U.S.C. § 7105; 38 C.F.R. § 20.205. 4. The criteria for withdrawal by the Veteran, through her authorized representative, of the issue of entitlement to a compensable rating for service-connected left hip limitation of extension have been met. 38 U.S.C. § 7105; 38 C.F.R. § 20.205. 5. The criteria for withdrawal by the Veteran, thorough her authorized representative, of the issue of entitlement to a compensable rating prior to September 3, 2013, and a rating in excess of 10 percent from September 3, 2013 for service-connected right hip strain associated with disc disease involving L4-5 and L5-S1 with IVDS have been met. 38 U.S.C. § 7105; 38 C.F.R. § 20.205. 6. The criteria for withdrawal of an appeal by the Veteran, through her authorized representative, of the issue of entitlement to a rating in excess of 10 percent for service-connected limitation of extension of the right hip associated with right hip strain have been met. 38 U.S.C. § 7105; 38 C.F.R. § 20.205. 7. The criteria for withdrawal by the Veteran, through her authorized representative, of the issue of entitlement to a compensable rating prior to June 25, 2020, and a rating in excess of 10 percent from June 25, 2020, for service-connected limitation of abduction of the right hip associated with right hip strain have been met. 38 U.S.C. § 7105; 38 C.F.R. § 20.205. 8. The criteria for withdrawal by the Veteran, through her authorized representative, of the issue of entitlement to a compensable rating prior to February 10, 2020, and a rating in excess of 30 percent from February 10, 2020, for service-connected depressive disorder have been met. 38 U.S.C. § 7105; 38 C.F.R. § 20.205. REASONS AND BASES FOR FINDING AND CONCLUSIONS The Veteran honorably served on active duty in the United States Army from May 2004 to June 2007. For her meritorious service, among other awards, the Veteran was awarded the National Defense Service Medal and the Global War on Terrorism Service Medal. This appeal comes to the Board of Veterans' Appeals (Board) from a March 2020 rating decision of a Department of Veterans Affairs (VA) Regional Office (RO). In December 2020, the Veteran submitted a VA Form 10182 Decision Review Request: Board Appeal (NOD). The Veteran selected the Evidence Submission Lane, in which the Veteran was given the opportunity to provide additional evidence within 90 days. She did not request a hearing. In November 2021, the Veteran's attorney notified the Board that the Veteran was withdrawing all of her issues on appeal. A letter from the Veteran accompanied the attorney's notification that confirmed the Veteran's withdrawal of all the issues on appeal. Subsequently, the Veteran's private attorney sought to withdraw representation. See November 2021 Third Party Correspondence. Because this request to withdraw came more than 90 days after the filing of the Notice of Disagreement, the Board will deny the motion to withdraw at this time, but a withdrawal of representation will be allowed following the promulgation of this decision. 38 C.F.R. § 20.1304. 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. § 20.205. Withdrawal may be made by the appellant or by his or her authorized representative. 38 C.F.R. § 20.205. In the present case, on November 12, 2021, the Veteran's attorney submitted a letter stating that the Veteran wished to withdraw all her claims for disability compensation currently before VA and the Board. A supporting statement written and signed by the Veteran clearly stating that she wished to withdraw her claims on appeal accompanied the attorney's letter. All the criteria for a valid withdrawal have been met. 38 C.F.R. § 20.205. The request to withdraw these issues is clear, contains the Veteran's name and file number, and was submitted by both her and by her representative. There remain no allegations of errors of fact or law for appellate consideration. Accordingly, the Board does not have jurisdiction to review the appeal; it is dismissed. Evan M. Deichert Veterans Law Judge Board of Veterans' Appeals Attorney for the Board J. Crawford, 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.