Citation Nr: 21024307
Decision Date: 04/22/21	Archive Date: 04/22/21

DOCKET NO. 17-14 647
DATE: April 22, 2021

ORDER

The appeal for an initial rating in excess of 10 percent for lumbar spine degenerative disc disease is dismissed.  

FINDING OF FACT

In a January 2021 written statement, the Veteran expressly withdrew the appeal for an increased initial rating lumbar spine degenerative disc disease.  

CONCLUSION OF LAW

The criteria for withdrawal of the appeal for an initial rating in excess of 10 percent for lumbar spine degenerative disc disease are met.  38 U.S.C. § 7105; 38 C.F.R. § 20.204.  

REASONS AND BASES FOR FINDING AND CONCLUSION

The Veteran had active service from October 2001 to August 2005.  He served in Iraq.  The Veteran appeared at a February 2020 videoconference hearing before the undersigned Acting Veterans Law Judge.  The hearing transcript is of record.  

Withdrawal

In December 2020, the Agency of Original Jurisdiction increased the initial rating for lumbar spine degenerative disc disease from noncompensable to 10 percent and established as separate 10 percent rating for left lower extremity radiculopathy, effective April 11, 2017.  

In a January 2021 Appeals Satisfaction Notice, the Veteran acknowledged receipt of Department of Veterans Affairs (VA) notice of the December 2020 award and indicated that “I am satisfied and wish to withdraw all remaining issue(s) contained in my recent statement of the case and supplemental statement of the case.”  

A veteran or authorized representative may withdraw a substantive appeal in writing at any time prior to the Board of Veterans’ Appeals’ (Board) promulgation of a decision.  38 C.F.R. § 20.205.  The Board finds that the Veteran has effectively withdrawn the appeal for an increased initial rating for lumbar spine degenerative disc disease.  Therefore, the Board concludes that no allegation of fact or law remains as to those issues and the appeal must be dismissed.  38 U.S.C. § 7105.  

 

 

J. T. HUTCHESON

Acting Veterans Law Judge

Board of Veterans’ Appeals

Attorney for the Board	Roya Bahrami, 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 This decision is not precedential and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.