Citation Nr: 21009343 Decision Date: 02/22/21 Archive Date: 02/22/21 DOCKET NO. 17-23 369 DATE: February 22, 2021 ORDER As the claim has been withdrawn, the issue of entitlement to an initial rating in excess of 50 percent for anxiety is dismissed. As the claim has been withdrawn, the issue of entitlement to service connection for left upper extremity (LUE) radiculopathy is dismissed. As the claim has been withdrawn, the issue of entitlement to service connection for right upper extremity (RUE) radiculopathy is dismissed. As the claim has been withdrawn, the issue of entitlement to service connection for a cervical spine disability is dismissed. FINDING OF FACT In a February 2021 written statement, prior to the promulgation of a decision in the appeal, the Veteran requested a withdrawal of the issues of entitlement to an initial rating in excess of 50 percent for anxiety and entitlement to service connection for LUE radiculopathy, RUE radiculopathy, and cervical spine disability. CONCLUSIONS OF LAW 1. The criteria for withdrawal of the appeal of entitlement to an initial rating in excess of 50 percent for anxiety by the appellant have been met. 38 U.S.C. § 7105; 38 C.F.R. § 19.55. 2. The criteria for withdrawal of the appeal of entitlement to service connection for LUE radiculopathy by the appellant (or his or her authorized representative) have been met. 38 U.S.C. § 7105; 38 C.F.R. § 19.55. 3. The criteria for withdrawal of the appeal of entitlement to service connection for RUE radiculopathy by the appellant (or his or her authorized representative) have been met. 38 U.S.C. § 7105; 38 C.F.R. § 19.55. 4. The criteria for withdrawal of the appeal of entitlement to service connection for a cervical spine disability by the appellant (or his or her authorized representative) have been met. 38 U.S.C. § 7105; 38 C.F.R. § 19.55. REASONS AND BASES FOR FINDING AND CONCLUSIONS The Veteran served on active duty from November 1963 to September 1967 with service in the Republic of Vietnam. This case comes before the Board of Veterans’ Appeals (Board) on appeal from rating decisions by a Department of Veterans Affairs (VA) Regional Office (RO). In December 2018, the Board remanded the appeal for additional evidentiary development. During remand status, unrelated to this appeal, the Veteran was granted service connection for traumatic brain injury and assigned a 100 percent rating from February 26, 2014; service connection for migraine and assigned a 50 percent rating from February 26, 2014; service connection for tinnitus and assigned a 10 percent rating from February 26, 2014; special monthly compensation based on housebound criteria; and basic eligibility to Dependents’ Educational Assistance.   Withdrawal of Claims 1. Entitlement to an initial rating in excess of 50 percent for anxiety 2. Entitlement to service connection for LUE radiculopathy 3. Entitlement to service connection for RUE radiculopathy 4. Entitlement to service connection for a cervical spine disability The Board may dismiss any appeal which fails to allege specific error of fact or law in the determination being appealed. 38 C.F.R. § 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 by the appellant or by his or her authorized representative. 38 C.F.R. § 19.55(a). The withdrawal should be filed with the Board and must include the name of the veteran, the applicable VA file number, and a statement that the appeal is withdrawn. If the appeal involves multiple issues, the withdrawal must specify that the appeal is withdrawn in its entirety or list the issue(s) withdrawn from the appeal. 38 C.F.R. § 19.55(b)(1). Withdrawals are effective when received by the Board if a decision has not been promulgated. 38 C.F.R. § 19.55(b)(3). Withdrawal of an appeal will be deemed a withdrawal of the Notice of Disagreement as to all issues to which the withdrawal applies. 38 C.F.R. § 19.55(c). In the present case, in a February 2021 written statement, received prior to a decision by the Board, the Veteran explicitly withdrew his appeal. See Third Party Correspondence (July 2020). See also, Hembree v. Wilkie, No. 18-3856 (U.S. Vet. App. August 31, 2020). (holding that a withdrawal that fully complies with the requirements of the regulation is effective when received). Specifically, the Veteran stated that he wished to “withdraw all remaining issue(s) contained in my recent Supplemental Statement of the Case (SSOC)” dated December 17, 2020. The request included the Veteran’s name, his social security number, and specified that the appeal was withdrawn in its entirety. Though not submitted directly to the Board, the Veteran’s withdrawal was submitted to an agent of VA and associated with his file before the claim was placed on the Board’s docket. 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. C.A. SKOW Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board C. Edwards 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.