Citation Nr: 21025658 Decision Date: 04/28/21 Archive Date: 04/28/21 DOCKET NO. 12-02 413 DATE: April 28, 2021 ORDER The appeal for entitlement to an evaluation in excess of 40 percent for lumbar spine spondylosis from July 12, 2009, is dismissed. The appeal for entitlement to an evaluation in excess of 20 percent for left lower extremity radiculopathy of the sciatic nerve from September 2, 2016, is dismissed. FINDING OF FACT In an April 2021 written correspondence, prior to promulgation of a decision in the appeal, the Veteran and his representative indicated that he wished to withdraw his appeal regarding the issues of entitlement to increased ratings for his service-connected lumbar spine spondylosis and left lower extremity radiculopathy of the sciatic nerve. CONCLUSIONS OF LAW 1. The criteria for withdrawal of an appeal by the Veteran or his authorized representative for the issue of entitlement to an initial rating in excess of 40 percent for lumbar spondylosis from July 12, 2009 have been met. 38 U.S.C. § 7105 (2012); 38 C.F.R. § 19.55 (2020). 2. The criteria for withdrawal of an appeal by the Veteran or his authorized representative for the issue of entitlement to an initial rating in excess of 20 percent for left lower extremity radiculopathy of the sciatic nerve from September 2, 2016 have been met. 38 U.S.C. § 7105 (2012); 38 C.F.R. § 19.55 (2020). REASONS AND BASES FOR FINDING AND CONCLUSIONS The Veteran served on active duty from November 1985 to November 1989; March 2003 to June 2003; and October 2005 to August 2006. In April 2016, the Board denied an evaluation in excess of 10 percent for lumbar spine spondylosis prior to July 12, 2009, and remanded entitlement to an increased rating thereafter for further development. The Board also denied an evaluation in excess of 20 percent for left lower extremity radiculopathy of the sciatic nerve prior to September 28, 2013, and remanded entitlement to an increased rating thereafter for further development. The Veteran appealed the Board’s decision to the United States Court of Appeals for Veterans Claims (Court). In a June 2017 memorandum decision, the Court vacated and remanded the portion of the April 2016 Board decision that denied entitlement to an evaluation in excess of 10 percent for lumbar spine spondylosis prior to July 12, 2009. In November 2017, the Board remanded the issue of entitlement to an evaluation in excess of 10 percent for lumbar spine spondylosis prior to July 12, 2009, for further development. In July 2019, the Board denied an evaluation in excess of 10 percent for left lower extremity radiculopathy of the sciatic nerve from February 28, 2013, to September 1, 2016. The Board also remanded the issues of entitlement to an evaluation in excess of 10 percent for lumbar spondylosis from July 12, 2019, and entitlement to an evaluation in excess of 20 percent for left lower extremity radiculopathy from September 2, 2016. In December 2019, the Board granted a 40 percent evaluation, but not higher, for lumbar spine spondylosis prior to July 12, 2009. Thereafter, in a February 2020 rating decision, the RO assigned a 40 percent evaluation for the lumbar spine spondylosis effective from May 28, 2009. The case has since been returned to the Board. 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 his authorized representative. Id. In an April 2021 written correspondence, prior to promulgation of a decision in the appeal, the Veteran stated that he wished to withdraw all pending appeals. He specifically stated that he was satisfied with his current ratings. In an April 2021 written correspondence, the Veteran’s representative filed a motion to dismiss the Veteran’s appeal. Thus, there remain no allegations of errors of fact or law for appellate consideration with respect to the Veteran’s claims for increased ratings for his lumbar spine spondylosis and left lower extremity radiculopathy of the sciatic nerve. Accordingly, the Board does not have jurisdiction to review the appeal of these issues, and they are dismissed. A. S. CARACCIOLO Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board M. Wulff, 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.