Citation Nr: 21021477
Decision Date: 04/13/21	Archive Date: 04/13/21

DOCKET NO. 18-46 827
DATE: April 13, 2021

ORDER

Entitlement to a rating higher than 10 percent prior to December 3, 2020, and higher than 20 percent thereafter, for residuals of a low back injury with degenerative disk disease, is dismissed.

FINDING OF FACT

In March 2021, prior to the promulgation of a decision in the appeal, the Board received notification from the Veteran that a withdrawal of this appeal is requested.

CONCLUSION OF LAW

The criteria for withdrawal of an appeal by the Veteran have been met.  38 U.S.C. § 7105; 38 C.F.R. § 19.55.

REASONS AND BASES FOR FINDING AND CONCLUSION

The Veteran had active duty in the United States Army from November 1954 to November 1957, as well as active service in the United States Air Force from September 1958 to September 1975, to include service in Vietnam.  For his meritorious service, the Veteran was awarded (among other awards) the Vietnam Service Medal and the Vietnam Campaign Medal.

This appeal comes before the Board of Veterans’ Appeals (Board) on appeal of a September 2017 rating decision.

The Veteran testified at a Board hearing before the undersigned Veterans Law Judge in June 2020.

In July 2020, the Board remanded the claim for further development.

In a January 2021 Decision Review Officer (DRO) decision, a 20 percent rating was assigned for the low back disability, effective December 3, 2020.  A Supplemental Statement of the Case (SSOC) addressing the 20 percent increase in the low back disability was issued in January 2021.  

1. Entitlement to a rating higher than 10 percent prior to December 3, 2020 and higher than 20 percent thereafter, for residuals of a low back injury with degenerative disk disease 

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  An appeal may be withdrawn as to any or all issues involved in the appeal at any time before the Board promulgates a decision.  38 C.F.R. § 19.55.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

In March 2021, the Veteran submitted an appeals satisfaction notice.  The notice stated that the Veteran wished to withdraw all remaining issues associated with this appeal based on the recent SSOC; the issue of entitlement to an increased rating for a back disability was the only issue adjudicated in that January 2021 SSOC.  See March 2021 withdrawal notice.

The appeals satisfaction notice contains the Veteran’s full name, his VA claims file number, his signature, and a clear and unambiguous statement withdrawing the only remaining issue on appeal.  Thus, the appeals satisfaction notice meets the criteria to be considered a valid withdrawal of a legacy appeal.  See 38 C.F.R. § 19.55 (2020) (providing the requirements for a withdrawal of an appeal under the legacy appeals system).

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.

 

 

Evan M. Deichert

Veterans Law Judge

Board of Veterans’ Appeals

Attorney for the Board	J. Henriquez, 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.