Citation Nr: 21024715
Decision Date: 04/26/21	Archive Date: 04/26/21

DOCKET NO. 19-10 522
DATE: April 26, 2021

ORDER

The appeal for entitlement to an increased rating for lumbar spondylosis has been withdrawn and is dismissed.

The appeal for entitlement to an increased rating for right lower extremity radiculopathy has been withdrawn and is dismissed.

FINDINGS OF FACT

On November 13, 2020, prior to the promulgation of a decision in the appeal, the Board received notification from the Veteran that he no longer wanted to proceed with the appeals for an increased rating for lumbar spondylosis and an increased rating for right lower extremity radiculopathy.

CONCLUSIONS OF LAW

1. The criteria for withdrawal of entitlement to an increased rating for lumbar spondylosis by the Veteran have been met.  38 U.S.C. § 7105; 38 C.F.R. § 19.55.

2. The criteria for withdrawal of entitlement to an increased rating for right lower extremity radiculopathy by the Veteran 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 2006 to October 2014.

This matter comes to the Board of Veterans’ Appeals (Board) on appeal from a February 2017 rating decision by the Department of Veterans Affairs (VA) Regional Office (RO).

In September 2019, the Board remanded these claims to the Agency of Original Jurisdiction for additional action.

The Veteran, through the authorized representative, notified the Board in a November 2020 written statements that he no longer wanted to proceed with the appeal for an increased rating for lumbar spondylosis and an increased rating for right lower extremity radiculopathy.  The Board finds that communication constitutes a valid withdrawal of the appeal for the increased rating claims.

The Board may dismiss any appeal which does not allege specific error of fact or law in the determination being appealed.  38 U.S.C. § 7105.  A substantive appeal may be withdrawn in writing at any time before the Board promulgates a decision. 38 C.F.R. §§ 20.202, 20.204(b).  An appeal may be withdrawn as to any or all issues involved in the appeal at any time before the Board promulgates a decision. 38 C.F.R. § 20.204.  Withdrawal may be made by the claimant or the authorized representative.  38 C.F.R. § 20.204 (c).

As a result of the Veteran’s withdrawal of the claims on appeal, no allegation of error of fact or law remains before the Board for consideration with regard to those claims.  Therefore, the Board finds that the Veteran has withdrawn the appeals for an increased rating for lumbar spondylosis and an increased rating for right lower extremity radiculopathy.  The Board does not have jurisdiction to review those claims.  Therefore, those claims are dismissed.

 

 

Harvey P. Roberts

Veterans Law Judge

Board of Veterans’ Appeals

Attorney for the Board	Mondesir, Eric

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.