Citation Nr: 21024236
Decision Date: 04/22/21	Archive Date: 04/22/21

DOCKET NO. 19-15 684
DATE:    April 22, 2021

ORDER

The appeal as to the issue of entitlement to a disability rating in excess of 20 percent for left lower extremity radiculopathy is dismissed.

FINDING OF FACT

On September 8, 2020, 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 this appeal is requested.

CONCLUSION OF LAW

The criteria for withdrawal of an appeal by the Veteran have been met as to the issue of entitlement to a disability rating in excess of 20 percent for left lower extremity radiculopathy. 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 June 1974 to June 1976.

This case is before the Board of Veterans’ Appeals (Board) on appeal from an April 2015 rating decision issued by the Department of Veterans Affairs (VA) Regional Office (RO). The claim was previously remanded by the Board in November 2018 for issuance of a statement of the case (SOC), and in September 2019 the Board again remanded the issue to afford the Veteran a VA examination. 

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 An appeal may be withdrawn as to any or all issues involved in the appeal at any time before the Board promulgates a decision. 38 C.F.R. § 19.55.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 In the present case, the Veteran, through his authorized representative, has withdrawn this appeal and, hence, there remain no allegations of errors of fact or law for appellate consideration with regard to the issue on appeal of entitlement to a disability rating in excess of 20 percent for left lower extremity radiculopathy. The Veteran, through his representative, clearly stated that he withdraws his claim of entitlement to a rating in excess of 20 percent for left lower extremity radiculopathy and that following the withdrawal of this claim, the Veteran should have no open claims before the Board under the legacy appeals process. Accordingly, the Board does not have jurisdiction to review the appeal, and it is dismissed.

 

 

L. B. CRYAN

Veterans Law Judge

Board of Veterans’ Appeals

Attorney for the Board	A. Labi, 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.