Citation Nr: 21023129 Decision Date: 04/20/21 Archive Date: 04/20/21 DOCKET NO. 14-10 837 DATE: April 20, 2021 ORDER The issue of entitlement to a rating in excess of 20 percent for right ankle strain is dismissed. The issue of entitlement to an increased rating for lumbar spine degenerative arthritis with intervertebral disc syndrome, L5-S1 retrolisthesis and spinal stenosis, rated as 20 percent disabling prior to March 11, 2013 and 40 percent thereafter, is dismissed. The issue of entitlement to a total disability rating based on individual unemployability (TDIU) by reason of service-connected disabilities is dismissed. FINDINGS OF FACT 1. By a rating action in August 2011, the Regional Office (RO) denied the Veteran’s claim for increased ratings for residuals of right ankle strain and lumbar strain. 2. In an August 2018 decision, the Board remanded the issues of entitlement to an increased rating for lumbar spine degenerative arthritis with intervertebral disc syndrome, L5-S1 retrolisthesis and spinal stenosis, entitlement to an increased rating for right ankle sprain, and entitlement to a TDIU to the RO. 3. On April 14, 2021, prior to the promulgation of a decision in the appeal, the Veteran, through his authorized representative, notified VA that he wished to withdraw all pending claims. CONCLUSIONS OF LAW 1. The criteria for withdrawal of the claim for a rating in excess of 20 percent for right ankle strain have been met. 38 U.S.C. § 7105; 38 C.F.R. § 19.55. 2. The criteria for withdrawal of the claim for an increased rating for lumbar spine degenerative arthritis with intervertebral disc syndrome, L5-S1 retrolisthesis and spinal stenosis, rated as prior to March 11, 2013 and 40 percent thereafter, have been met. 38 U.S.C. § 7105; 38 C.F.R. § 19.55. 3. The criteria for withdrawal of the claim for a TDIU 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 November 2000 to September 2001. These matters come before the Board of Veteran's Appeals (Board) on appeal from an August 2011 rating decision by the Department of Veterans Affairs (VA) Regional Office (RO). The Veteran has timely appealed the assigned evaluations of his lumbar spine and right ankle. In his March 2014 substantive appeal (VA Form 9), the Veteran indicated that he wanted a Board hearing. However, in February 2018, the Veteran withdrew his hearing request. In August 2018, the Board remanded the issues to the RO for further evidentiary development. In January 2021, the RO increased the rating for the lumbar spine from 20 percent to 40 percent, effective March 11, 2013. Following the requested development, supplemental statements of the case (SSOC) were issued in January 2021 and March 2021. Withdrawal of Appeal 1. Entitlement to a rating in excess of 20 percent for right ankle strain 2. Entitlement to an increased rating in excess of 20 percent for lumbar spine degenerative arthritis with intervertebral disc syndrome, L5-S1 retrolisthesis and spinal stenosis, rated as 20 percent disabling prior to March 11, 2013 and 40 percent disabling thereafter. 3. Entitlement to a TDIU by reason of service-connected disabilities 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. 38 C.F.R. § 19.55(a). Withdrawal may be made by the appellant or by his or her authorized representative. Id. In the present case, the issues on appeal are entitlement to a rating in excess of 20 percent for right ankle strain; entitlement to a rating in excess of 20 percent for lumbar spine degenerative arthritis with intervertebral disc syndrome, L5-S1 retrolisthesis and spinal stenosis, prior to March 11, 2013; entitlement to a rating in excess of 40 percent for lumbar spine degenerative arthritis with intervertebral disc syndrome, L5-S1 retrolisthesis and spinal stenosis, from March 11, 2013; and entitlement to a TDIU. In a March 2021 written statement, the Veteran through his representative indicated that he wanted to withdraw his appeal of all pending claims as he was satisfied with his current ratings. The representative requested the withdrawal of all appeals pending before the Board at this time. This statement constitutes a valid withdrawal of the Veteran's appeal as it complied with the requirement of the applicable regulation by including the name of the Veteran, the applicable VA file number and a statement that all pending appeals were withdrawn. See Hembree v. Wilkie, 33 Vet. App. 1 (2020). Thus, as there remains no allegation of error of fact or law for appellate consideration, the Board does not have jurisdiction to review the appeals as to the above listed, and they are dismissed. KRISTY L. ZADORA Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board Suzie S. Gaston, 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.