Citation Nr: 21006390
Decision Date: 02/04/21	Archive Date: 02/04/21

DOCKET NO. 19-15 697A
DATE: February 4, 2021

ORDER

Entitlement to an effective date earlier than November 9, 2007, for the award of service connection for a ruptured left Achilles tendon as secondary to service-connected lumbosacral strain and a rating in excess of 20 percent for such disability is dismissed.

Entitlement to an effective date earlier than November 9, 2007, for the award of service connection for right lower extremity radiculopathy with leg pain as secondary to service-connected lumbosacral strain with degenerative disc disease and a rating in excess of 10 percent for such disability prior to December 17, 2019, and in excess of 20 percent, thereafter, is dismissed.

Entitlement to an effective date earlier than November 9, 2007, for the award of service connection for left lower extremity radiculopathy with leg pain as secondary to service-connected lumbosacral strain with degenerative disc disease and a rating in excess of 10 percent for such disability prior to December 17, 2019, and in excess of 20 percent, thereafter, is dismissed.

Entitlement to a compensable rating for right hand hyperpigmentation, residual of laceration.

Entitlement to a total disability rating based on individual unemployability (TDIU) due to service-connected disability prior to December 7, 2007.  

FINDING OF FACT

On October 27, 2020, prior to the promulgation of a decision in the appeal, the Board received notification from the appellant and his attorney that a withdrawal of this appeal is requested.

CONCLUSION OF LAW

The criteria for withdrawal of an appeal by the appellant through his attorney have been met.  38 U.S.C. § 7105; 38 C.F.R. § 19.55.

REASONS AND BASES FOR FINDING AND CONCLUSION

The Veteran had active service from October 1972 to October 1974 and from June 1977 to January 1981.  

The issues on appeal arise out of statements of the case issued in May 2019.  Although some of the claims on appeal were granted at least in part by subsequent rating actions, the claims as stated on the title page of this decision remained pending until withdrawn by the Veteran and his attorney in writing in October 2020.  

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  An appeal may be withdrawn as to any or all issues involved in the appeal at any time before the Board promulgates a decision.  38 C.F.R. § 19.55.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.  38 C.F.R. § 19.55.  In the present case, the appellant, through his attorney, has withdrawn this appeal and, hence, 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.

 

 

Michael J. Skaltsounis

Veterans Law Judge

Board of Veterans’ Appeals

Attorney for the Board	C. DeBoer, 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.