Citation Nr: 21028152
Decision Date: 05/10/21	Archive Date: 05/10/21

DOCKET NO. 16-33 232
DATE: May 10, 2021

ORDER

Entitlement to an initial compensable rating and a rating in excess of 10 percent from September 16, 2016 for sciatica, left lower extremity is dismissed.

Entitlement to an initial rating in excess of 40 percent for a herniated disc with muscle strain and intervertebral disc syndrome (IVDS), lumbar spine is dismissed.

Entitlement to an initial rating in excess of 10 percent for strain, cervical spine is dismissed.

FINDING OF FACT

On November 26, 2019, 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 his appeal for increased ratings for left lower extremity sciatica; IVDS, lumbar spine; and cervical spine strain is requested.

CONCLUSIONS OF LAW

1. The criteria for withdrawal of entitlement to an initial compensable rating and a rating in excess of 10 percent from September 16, 2016 for sciatica, left lower extremity by the Veteran or his authorized representative have been met.  38 U.S.C. § 7105; 38 C.F.R. § 19.55.

2. The criteria for withdrawal of entitlement to an initial rating in excess of 40 percent for herniated disc with muscle strain and intervertebral disc syndrome (IVDS), lumbar spine by the Veteran or his authorized representative have been met.  38 U.S.C. § 7105; 38 C.F.R. § 19.55.

3. The criteria for withdrawal of entitlement to an initial rating in excess of 10 percent for strain, cervical spine by the Veteran or his authorized representative 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 August 2011 to November 2014 with service in the Southwest Asia theater of operations.  He received the Combat Infantryman Badge and several other medals and awards.

This matter comes before the Board of Veterans' Appeals (Board) from a January 2015 rating decision of a Department of Veterans Affairs (VA) Regional Office (RO).

1. Entitlement to an initial compensable rating and a rating in excess of 10 percent from September 16, 2016 for sciatica, left lower extremity is dismissed.

2. Entitlement to an initial rating in excess of 40 percent for herniated disc with muscle strain and intervertebral disc syndrome (IVDS), lumbar spine is dismissed.

3. Entitlement to an initial rating in excess of 10 percent for strain, cervical spine is dismissed.

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.  The withdrawal may be made by the appellant or by his or her authorized representative, and it must be in writing or be made on record during a hearing.  38 C.F.R. § 19.55.

In the present case, the Veteran, through his representative has withdrawn this appeal on the issues of entitlement to an initial compensable rating and a rating in excess of 10 percent from September 16, 2016 for sciatica, left lower extremity; initial rating in excess of 40 percent for a herniated disc with muscle strain and intervertebral disc syndrome (IVDS), lumbar spine; and initial rating in excess of 10 percent for strain, cervical spine.  Hence, there remains 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.

 

 

D. JOHNSON

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	J. Telamour, 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.