Citation Nr: 21027244
Decision Date: 05/05/21	Archive Date: 05/05/21

DOCKET NO. 13-06 702
DATE: May 5, 2021

ORDER

The appeal is dismissed.

FINDING OF FACT

On January 12, 2021, prior to the promulgation of a decision in the appeal, the Board received notification from the Veteran that a withdrawal of this appeal is requested.

CONCLUSION OF LAW

The criteria for withdrawal of an appeal by the Veteran (or his or her authorized representative) have been met.  38 U.S.C. § 7105 (2012); 38 C.F.R. § 19.55 (2020).

REASONS AND BASES FOR FINDING AND CONCLUSION

The Veteran had active service from July 1993 to April 1999.

This case comes before the Board of Veterans' Appeals (Board) on appeal from an August 2012 (increased rating for lumbosacral strain) and December 2016 (denials of service connection) rating decisions issued by a Department of Veterans Affairs (VA) Regional Office (RO).

In September 2014, the Veteran testified at a Travel Board hearing held before the undersigned Veterans Law Judge and a transcript of that hearing has been associated with the electronic claims file.

In October 2015 and July 2018, the Board remanded the issues of an increased rating for the lumbar spine disability and a total disability rating based on individual unemployability (TDIU) for further development.

In January 2019, the Veteran perfected an appeal of the denials of service connection for posttraumatic stress disorder (PTSD) and erectile dysfunction, to include as secondary to the service-connected lumbar spine disability.

Withdrawn issues

1. Entitlement to service connection for PTSD.

2. Entitlement to service connection for erectile dysfunction, to include as secondary to the service-connected lumbar spine disability

3. Entitlement to increased disability ratings for lumbosacral strain with degenerative joint disease, currently rated as 20 percent disabling prior to January 6, 2016, and 40 percent disabling since January 6, 2016

4. Entitlement to TDIU

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  An appeal may be withdrawn as to any or all issues involved in the appeal at any time before the Board promulgates a decision.  38 C.F.R. § 19.55.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 December 2020, the Board sent a letter to the Veteran requesting clarification as to whether he wished to withdraw his appeal.  A copy of that letter was sent to the Veteran's attorney, and the Veteran was advised to consult his representative to make a fully informed decision. In a response received in January 2021, the Veteran indicated that he wished to withdraw his appeal.

In the present case, the Veteran has withdrawn this appeal and, hence, there remain no allegations of errors of fact or law for appellate consideration.  Accordingly, the Board does not have jurisdiction to review the appeal and it is dismissed.

Though the Veteran and his counsel submitted argument and evidence on the issue of entitlement to TDIU in April 2021, the withdraw of all issues by the Veteran in January 2021 was clear and unambiguous.  Therefore, the issue of entitlement to TDIU has been withdrawn.

 

 

MICHAEL LANE

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	D. Cherry, 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.