Citation Nr: 21007050
Decision Date: 02/08/21	Archive Date: 02/08/21

DOCKET NO. 17-27 085
DATE: February 8, 2021

ORDER

Entitlement to an evaluation in excess of 10 percent prior to October 13, 2020 and in excess of 20 percent thereafter for radiculopathy of the left lower extremity is dismissed.

FINDING OF FACT

On November 11, 2020, prior to the promulgation of a decision in the appeal, the Board received notification from the Veteran that a withdrawal of this appeal is requested.

CONCLUSION OF LAW

The criteria for withdrawal of an appeal by the appellant 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 duty service in the United States Army from October 1968 to June 1971.

In January 2020, the Veteran testified at a Travel Board hearing before the undersigned Veterans Law Judge (VLJ). A transcript of this hearing is of record. The matter was remanded for development in March 2020, and has been returned to the Board.

An April 2015 rating decision established service connection for radiculopathy of the left lower extremity with a 10 percent evaluation effective November 2014. The Veteran timely appealed this decision, and the Board of Veterans’ Appeals (Board) remanded the issue for further development in March 17, 2020.

In October 2020, the agency of original jurisdiction (AOJ) issued a rating decision increasing the evaluation for radiculopathy of the left lower extremity to 20 percent effective October 13, 2020. Therefore, the appeal with respect to this issue has been recharacterized to reflect the increased rating now assigned.

Entitlement to an evaluation in excess of 10 percent prior to October 13, 2020 and in excess of 20 percent thereafter for radiculopathy of the left lower extremity is dismissed.

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 An appeal may be withdrawn as to any or all issues involved in the appeal at any time before the Board promulgates a decision, and withdrawal may be made by the appellant or by his or her authorized representative. 38 C.F.R. § 19.55. Except for appeals withdrawn on the record at a hearing, appeal withdrawals must be in writing. 38 C.F.R. § 20.204(c).

 

In the present case, the Veteran submitted a signed Appeals Satisfaction Notice stating that he wished to withdraw his appeal of the issues before the Board. Therefore, 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 D. LYON

Veterans Law Judge

Board of Veterans’ Appeals

Attorney for the Board	L. Sneeringer, 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.