Citation Nr: 21028193
Decision Date: 05/10/21	Archive Date: 05/10/21

DOCKET NO. 14-24 149A
DATE: May 10, 2021

ORDER

The appeal for entitlement to a rating in excess of 40 percent for service-connected left paracentral herniated nucleus pulposus (low back disability) for the appeal period prior to December 3, 2018, and after April 1, 2020, is dismissed.

The appeal for entitlement to a rating in excess of 40 percent for left lower extremity radiculopathy involving the sciatic nerve is dismissed.

The appeal for entitlement to a rating in excess of 40 percent for right lower extremity radiculopathy involving the sciatic nerve is dismissed.

FINDING OF FACT

On March 3, 2021, prior to the promulgation of a decision in the appeal, the Board received notification from the appellant that a withdrawal of this appeal is requested.

CONCLUSION OF LAW

The criteria for withdrawal of an appeal by the appellant have been met.  38 U.S.C. § 7105; 38 C.F.R. § 19.55.

REASONS AND BASES FOR FINDING AND CONCLUSION

The appellant is a Veteran who served on active duty from January 1997 to September 2000.  

This matter comes before the Board of Veterans' Appeals (Board) on appeal from a June 2013 rating decision by the Louisville, Kentucky, Regional Office (RO) of the Department of Veterans Affairs (VA).  In July 2015, the Veteran testified at a video conference hearing before the undersigned Veterans Law Judge.  The transcript of that hearing is of record.  The case was most recently remanded for additional development in January 2021.

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  An appeal may be withdrawn as to any or all issues involved in the appeal at any time before the Board promulgates a decision.  38 C.F.R. § 19.55.  Appeal withdrawals must include the name of the appellant, the file number, and a statement that the appeal is withdrawn. If the appeal involves multiple issues, the withdrawal must specify the issues withdrawn or specify that the appeal is withdrawn in its entirety.  38 C.F.R. § 19.55(b). 

On March 3, 2021, VA received a statement from the Veteran indicating that he wished to withdraw all remaining issues on appeal.  The statement included the Veteran's name and claims file number.  The March 2021 statement is thereby found to meet the requirements to withdraw an appeal.  Accordingly, as there remain no allegations of errors of fact or law for appellate consideration, the Board does not have jurisdiction to review the appeal and it is dismissed.

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MICHAEL A. HERMAN

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	T. Douglas

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.