Citation Nr: 21007246
Decision Date: 02/09/21	Archive Date: 02/09/21

DOCKET NO. 10-13 111
DATE: February 9, 2021

ORDER

The claim of entitlement to a disability rating in excess of 20 percent for lumbosacral strain prior to July 29, 2009 and in excess of 40 percent thereafter is dismissed.

The claim of entitlement to a total disability rating based on individual unemployability (TDIU) is dismissed.

FINDING OF FACT

In correspondence (VA FORM 21-4138) received by VA on October 15, 2020, prior to the promulgation of a decision in the appeal, the Veteran expressed his intent to withdraw (“cancel”) his current appeal claim as he was satisfied with his current rating. 

CONCLUSION OF LAW

The criteria for withdrawal of the claim of entitlement to a disability rating in excess of 20 percent for lumbosacral strain prior to July 29, 2009 and in excess of 40 percent thereafter and a TDIU have been met.  38 U.S.C. § 7105; 38 C.F.R. § 19.55.

REASONS AND BASES FOR FINDING AND CONCLUSION

The Veteran served on active duty from March 1974 to March 1994. These matters come to the Board of Veterans’ Appeals (Board) on appeal from a July 2009 rating decision of the Department of Veterans Affairs (VA) Regional Office (RO) in Seattle, Washington. The Board most recently Remanded the matters for additional development in August 2019.

In correspondence received in October 2020, prior to the promulgation of a decision in the appeal, the Veteran expressed his intent to “cancel” his current appeal claim as he was satisfied with his current rating. He stated that he was now receiving an 80 percent rating for his disabilities, and that “I think it is not necessary for me to continue this 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  An appeal may be withdrawn as to any or all issues involved in the appeal at any time before the Board promulgates a decision.  38 C.F.R. § 19.55.  Withdrawal may be made by the appellant or by his or her authorized representative.  38 C.F.R. § 19.55.  

The appellant has withdrawn this appeal and, hence, there remain no allegations of errors of fact or law for appellate consideration.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 A. HERMAN

Veterans Law Judge

Board of Veterans’ Appeals

Attorney for the Board	M.N Bush, 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.