Citation Nr: 21009323
Decision Date: 02/22/21	Archive Date: 02/22/21

DOCKET NO. 10-07 405
DATE: February 22, 2021

ORDER

Entitlement to a rating in excess of 20 percent for lumbar strain prior to January 20, 2017 is dismissed.

FINDING OF FACT

In February 2020, prior to the promulgation of a decision in the appeal, the Board of Veterans’ Appeals (Board) received written notification from the Veteran, through his authorized representative, that he wanted to withdraw his appeal for an increased rating for lumbar strain.

CONCLUSION OF LAW

The criteria for withdrawal of entitlement to a rating in excess of 20 percent for lumbar strain prior to January 20, 2017 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 served on active duty from June 1975 to August 1981.

This matter comes to the Board from an August 2009 rating decision of a Department of Veterans Affairs (VA) Agency of Original Jurisdiction (AOJ). In May 2018, the United States Court of Appeals for Veterans Claims (Court) vacated a July 2017 Board decision denying a rating in excess of 20 percent for lumbar strain prior to January 20, 2017. The Board most recently remanded this case to the AOJ in January 2019 for additional development.

Under 38 U.S.C. § 7105, the Board may dismiss any appeal which fails to allege specific error of fact or law in the determination being appealed. Further, a substantive appeal may be withdrawn in writing at any time before the Board promulgates a decision. 38 C.F.R. § 19.55. Withdrawal may be made by the Veteran or by his authorized representative. Id.

In correspondence received on February 13, 2020, the Veteran’s representative indicated that the Veteran wanted to withdraw his appeal. The record includes an e-mail from the Veteran indicating he “accepted” the rating assigned and no longer wished “to pursue any additional” rating. The written statement included the Veteran’s name, VA file number, and a statement of withdrawal.

Because the Veteran has withdrawn his entire appeal, there remain no allegations of error of fact or law for appellate consideration, and the Board does not have further jurisdiction. Accordingly, the appeal is dismissed. 38 U.S.C. § 7104.

 

 

S. L. Kennedy

Veterans Law Judge

Board of Veterans’ Appeals

Attorney for the Board	M. Smith, 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.