Citation Nr: 21011619
Decision Date: 03/02/21	Archive Date: 03/02/21

DOCKET NO. 17-45 949
DATE: March 2, 2021

ORDER

Entitlement to an initial disability rating in excess of 10 percent for lumbosacral strain is dismissed. 

FINDING OF FACT

On July 1, 2020, prior to the promulgation of a decision in the appeal, the Board received notification from the Veteran, through his authorized representative, that a withdrawal of this appeal is requested. 

CONCLUSION OF LAW

The criteria for withdrawal of an appeal by the Veteran, through his authorized representative, 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 in the United States Navy from June 1992 until his honorable discharge in June 1996. 

This matter is before the Board of Veterans’ Appeals (Board) on appeal from a December 2016 rating decision issued by a Department of Veterans Affairs (VA) Regional Office (RO).

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 An appeal may be withdrawn as to any or all issues involved in the appeal at any time before the Board promulgates a decision. 38 C.F.R. § 19.55.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. Id.

In July 2020, the Veteran’s authorized representative submitted a statement that the Veteran wished to withdraw the issue of entitlement to an initial disability rating in excess of 10 percent for lumbosacral strain. The statement identified the Veteran, the claim number, and explicitly and unambiguously withdrew the appeal for an increased rating for the back disability. See Delisio v. Shinseki, 25 Vet. App. 45, 57 (2011). 

In the present case, the Veteran has withdrawn this appeal, and, hence, there remain no allegations of errors of fact or law for appellate consideration.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. 

 

 

K. L. WALLIN

Acting Veterans Law Judge

Board of Veterans’ Appeals

Attorney for the Board	 Grace Johnk, 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 This decision is not precedential and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.