Citation Nr: 21016159
Decision Date: 03/20/21	Archive Date: 03/20/21

DOCKET NO. 12-08 256
DATE: March 20, 2021

ORDER

The appeal seeking entitlement to a rating in excess of 20 percent for degenerative disc disease prior to December 13, 2019, and a rating in excess of 40 percent thereafter is dismissed.

FINDING OF FACT

In August 2020, the Veteran returned a signed appeals satisfaction notice requesting to withdraw all remaining issues associated with her pending degenerative disc disease increased rating claim.

CONCLUSION OF LAW

The criteria for dismissal of the appeal seeking entitlement to a rating in excess of 20 percent for degenerative disc disease prior to December 13, 2019, and a rating in excess of 40 percent thereafter 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 1989 to January 1999.  

This matter is before the Board of Veterans’ Appeals (Board) on appeal from a January 2009 rating decision issued by a Department of Veterans Affairs (VA) Regional Office (RO).  

The Veteran testified at a hearing before the undersigned Veterans Law Judge (VLJ) in August 2016. A transcript of the hearing is associated with the electronic claims file.

The Board issued two prior remands on this claim in December 2016 and October 2019.

Withdrawal

A substantive appeal may be withdrawn in writing at any time before the Board promulgates a decision or may be withdrawn on the record at a hearing. 38 C.F.R. § 20.205. Withdrawal may be made by the Veteran or by his or her authorized representative. Id.  

1. Entitlement to a rating in excess of 20 percent for degenerative disc disease prior to December 13, 2019, and a rating in excess of 40 percent thereafter.

Following the October 2019 Board remand, the Veteran was given another VA examination, and based on these findings the RO issued a July 2020 rating decision granting an increased rating to 40 percent for the Veteran’s degenerative disc disease (DDD). The RO also issued a supplemental statement of the case in July 2020 continuing to deny a rating in excess of 40 percent for the Veteran’s DDD. Subsequently, in August 2020, the Veteran signed and returned an appeals satisfaction notice to the Board indicating that based on the recent decision she was satisfied and wished to withdraw all remaining issues associated with her pending appeal. The only appeal currently pending before the Board is the Veteran’s increased rating claim for her service connected DDD. Moreover, the Board notes that the Veteran’s completed appeals satisfaction notice includes her name, social security number, signature, and statement that the appeal is withdrawn in accordance with 38 C.F.R. § 20.205. Accordingly, the Board no longer has appellate jurisdiction and can take no further action on this matter. Id. 

 

 

TANYA SMITH

Veterans Law Judge

Board of Veterans’ Appeals

Attorney for the Board	K. Ruiz, 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.