Citation Nr: 21016056
Decision Date: 03/19/21	Archive Date: 03/19/21

DOCKET NO. 19-21 693
DATE: March 19, 2021

ORDER

As the appeal is withdrawn, the claim of entitlement to increased disability rating in excess of 10 percent for left lower extremity radiculopathy is dismissed.

FINDING OF FACT

In October 2020, prior to the promulgation of a decision in the appeal, the Board received notification from the Veteran and his representative, that a withdrawal of this appeal is requested.

CONCLUSION OF LAW

The criteria for withdrawal of an appeal by the Veteran (or 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 Army from September 1984 until his honorable discharge in June 1988. 

This matter comes before the Board of Veterans’ Appeals (Board) on appeal from a February 2018 rating decision of the Regional Office (RO) of the Department of Veterans Affairs (VA). 

In May 2020, the Board remanded the case to the RO for further development. Specifically, the Board directed the RO to readjudicate the claim based on the entirety of the evidence. In June 2020, the Board granted the Veteran a total disability rating for individual unemployability due to service-connected disabilities (TDIU) effective June 10, 2009. A July 2020 Supplemental Statement of the Case by the RO continued the Veteran’s 10 percent rating for left lower extremity radiculopathy.

Entitlement to increased disability rating in excess of 10 percent for left lower extremity radiculopathy. 

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 An appeal may be withdrawn as to any or all issues involved in the appeal at any time before the Board promulgates a decision. 38 C.F.R. § 19.55.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

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In the present case, in October 2020, prior to the promulgation of a decision in the appeal, the Board received written notification from the Veteran’s representative and the Veteran requesting to withdraw the appeal. This notification included the claims number and was signed by the Veteran. The withdrawal is both explicit and unambiguous. As the Veteran has withdrawn this appeal, there remains no allegations of errors of fact or law for appellate consideration.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.

 

 

L.M. YASUI

Acting Veterans Law Judge

Board of Veterans’ Appeals

Attorney for the Board	S. A. Johnston, 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.