Citation Nr: 21010831 Decision Date: 02/25/21 Archive Date: 02/25/21 DOCKET NO. 14-29 524 DATE: February 25, 2021 ORDER Entitlement to a rating greater than 40 percent for degenerative disc disease (DDD) and intervertebral disc syndrome (IVDS), status post laminectomy, is dismissed. Entitlement to a rating greater than 40 percent for urinary incontinence associated with service-connected DDD and IVDS, status post laminectomy, is dismissed. FINDING OF FACT On January 2021, prior to the promulgation of a decision in the appeal, the Board received notification from the appellant, through his authorized representative, 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 served on active duty from November 1979 to June 1985, and from June 2001 to July 2002. This matter originally came to the Board of Veterans’ Appeals (Board) from a December 2011 rating decision of a Department of Veterans Affairs (VA) Regional Office (RO) which, in pertinent part, denied a rating in excess of 40 percent for service-connected DDD and IVDS, status post laminectomy, and a rating in excess of 20 percent for urinary incontinence. In January 2012, the Veteran filed a notice of disagreement (NOD). A statement of the case (SOC) was issued in May 2014, and the Veteran filed a substantive appeal (VA Form 9) in July 2014. In May 2017, the Veteran and his spouse testified at a Board videoconference hearing before a now-retired Veterans Law Judge (VLJ); a transcript of that hearing is of record. In an October 2017 decision, the Board, in pertinent part, increased the rating for service-connected urinary incontinence to 40 percent, effective August 16, 2010, and denied a rating in excess of 40 percent for service-connected DDD and IVDS, status post laminectomy. The Veteran appealed the Board’s decision to the United States Court of Appeals for Veterans Claims (Court). In July 2018, the Court granted a Joint Motion for Partial Remand (JMPR), vacated that portion of the Board’s October 2017 decision denying increased ratings, and remanded the matter to the Board for further proceedings consistent with the JMPR. In March 2019 and August 2020, the Board remanded the matter for additional development. A January 2021 letter notified the Veteran that the VLJ who conducted the May 2017 hearing was no longer employed at the Board and afforded him an opportunity for an additional hearing. The letter indicated that if the Veteran did not respond within 30 days, the Board would assume that he did not want another hearing. No response has been received to date. 1. Entitlement to a rating greater than 40 percent for DDD and IVDS, status post laminectomy is dismissed. 2. Entitlement to a rating greater than 40 percent for urinary incontinence 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. 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. (Continued on the next page)   In the present case, in a letter dated January 12, 2021, the appellant’s attorney indicated that the appellant no longer wished to pursue the issues of entitlement to increased ratings for DDD and IVDS and urinary incontinence. Attached to the letter was a statement, signed by the appellant, on which he indicated that he wished to withdraw the issues of entitlement to increased ratings for DDD with IVDS and urinary incontinence. The letter and statement referenced above included (1) the name of the appellant, (2) the applicable VA file number, and (3) a statement that the appeal is withdrawn. Thus, the Board finds that the criteria for a withdrawal have been met and there remain no allegations of errors of fact or law for appellate consideration. See Hembree v. Wilkie, 33 Vet. App. 1 (2020) (holding that written requests to withdraw an issue on appeal in the legacy system are governed by 38 C.F.R. § 20.204(b) (redesignated as 38 C.F.R. § 19.55(b), effective February 19, 2019), and are not subject to the standard set forth in DeLisio and adopted in Acree v. O’Rourke, 891 F.3d 1009, 1014 (Fed. Cir. 2018)). Accordingly, the Board does not have jurisdiction to review the appeal and it is dismissed. K. Conner Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board A.N., 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.