Citation Nr: 21014679 Decision Date: 03/15/21 Archive Date: 03/15/21 DOCKET NO. 19-24 241 DATE: March 15, 2021 ORDER As the claim is withdrawn, the claim of entitlement to an evaluation in excess of 20 percent for lumbar spondylosis with degenerative arthritis, is dismissed. As the claim is withdrawn, the claim of entitlement to an initial evaluation in excess of 20 percent for right lower extremity radiculopathy (RLE), is dismissed. . FINDINGS OF FACT 1. On February 5, 2021, prior to the promulgation of a decision in the appeal, the Board received notification from the Appellant (Veteran), through his authorized representative, that a withdrawal of the claim for entitlement to an evaluation in excess of 20 percent for lumbar spondylosis with degenerative arthritis, is requested. 2. On February 5, 2021, 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 the claim for entitlement to an initial evaluation in excess of 20 percent for RLE radiculopathy, is requested. CONCLUSIONS OF LAW 1. The criteria for withdrawal of the claim for entitlement to an evaluation in excess of 20 percent for lumbar spondylosis with degenerative arthritis, by the Veteran (or his representative), have been met. 38 U.S.C. § 7105; 38 C.F.R. § 19.55. 2. The criteria for withdrawal of the claim for entitlement to an initial evaluation in excess of 20 percent for RLE radiculopathy, by the Veteran (or his representative), have been met. 38 U.S.C. § 7105; 38 C.F.R. § 19.55. REASONS AND BASES FOR FINDINGS AND CONCLUSIONS The Veteran served on active duty from April 2010 to August 2011. This matter comes before the Board of Veterans' Appeals (Board) on appeal from rating decisions of a Department of Veterans Affairs (VA) Regional Office (RO). On February 5, 2021, the Veteran testified at a hearing before the undersigned Veterans Law Judge (VLJ). At the hearing, the Veteran sought to withdraw his claims for increased ratings for his low back disability and right lower extremity radiculopathy. The Board notes that while the hearing transcript has not yet been associated with the claims file, the Veteran’s representative also submitted a written statement to the Board dated February 5, 2021 requesting that the claims be withdrawn. As the hearing testimony requesting the withdrawals was memorialized in a contemporaneous written statement listing the specific issues to be withdrawn, the Board finds no prejudice to the Veteran in adjudicating the issues at this time without the benefit of the hearing transcript. As to the relevant procedural history in this case, the Veteran has four separate, active appeal streams before the Board and each appeal stream has been assigned its own docket number (each distinct from one another) in accordance with VA regulations. At his February 2021 Board hearing and in a written statement received by the Board thereto, the Veteran requested to withdraw the claims as to the issues contained in three of the appeal streams as follows: entitlement to an initial rating in excess of 20 percent for RLE sciatic radiculopathy, with right hip meralgia paresthetica (AMA) (Docket No. H-200221-71103); entitlement to an initial rating in excess of 20 percent for LLE sciatic radiculopathy (AMA) (Docket No. H-200220-71011); and, entitlement to a rating in excess of 20 percent for lumbar spondylosis with degenerative arthritis and an initial rating in excess of 20 percent for RLE radiculopathy (Legacy) (Docket No. L-19-24 241). Again, the aforementioned claims are associated with separate appeal streams/docket numbers and, therefore, the Board will address each appeal stream to be dismissed in separate decisions as per VA regulations. Lastly, the Board notes the fourth and final appeal stream (AMA) (Docket No. H-200220-71014) pertains to the issue of entitlement to a compensable evaluation for left hip avascular necrosis, limitation of extension, which was addressed at the February 2021 Board hearing. After the hearing transcript has been associated with the claims file, that claim will be adjudicated in a Board decision issued under separate cover. 1. Entitlement to an evaluation in excess of 20 percent for lumbar spondylosis with degenerative arthritis, is dismissed. 2. Entitlement to an initial evaluation in excess of 20 percent for right lower extremity radiculopathy, is dismissed. Issues 1&2. 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 withdrawal must be filed with the Board and 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. Withdrawals are effective when received by the Board if a decision has not been promulgated. 38 C.F.R. § 19.55. An appeal may be withdrawn as to any or all issues involved in the appeal at any time before the Board promulgates a decision. Withdrawal may be made by a veteran or by an authorized representative and must be (1) explicit, (2) unambiguous, and (3) done with a full understanding of the consequences of such action by the appellant. Acree v. O'Rourke, 891 F.3d 1009, 1012 (Fed. Cir. 2018); DeLisio v. Shinseki, 25 Vet. App. 45, 5758 (2011); 38 C.F.R. § 19.55. In the present case, prior to the promulgation of a decision in the appeal, at the Board hearing held on February 5, 2021, the Veteran sought to withdraw the appeals for the claim for entitlement to a rating in excess of 20 percent for lumbar spondylosis with degenerative arthritis and the claim for entitlement to an initial rating in excess of 20 percent for RLE radiculopathy. Additionally, in a letter addressed to the Board, dated February 5, 2021, the Veteran, via his authorized representative, stated that a withdrawal of the current claims was requested. See Third Party Correspondence (February 23, 2021). The withdrawal request included the Veteran’s name, claims file number, identified the issues to be withdrawn along with the correct corresponding docket number (Docket No. 19-24 241), and signature. The Board finds the request is explicit, unambiguous, and done with a full understanding of the consequences of such action by the Veteran. Hence, there remain no allegations of errors of fact or law for appellate consideration in this matter. (Continued on the next page)   Accordingly, the Board does not have jurisdiction to review these issues and they are dismissed. C.A. SKOW Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board S. Krunic, 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.