Citation Nr: 21030993 Decision Date: 05/20/21 Archive Date: 05/20/21 DOCKET NO. 13-18 908 DATE: May 20, 2021 ORDER Entitlement to a disability rating in excess of 20 percent prior to March 4, 2020, and in excess 30 percent thereafter for the service-connected right upper extremity radiculopathy is dismissed. Entitlement to a disability rating in excess of 10 percent prior to March 4, 2020, and in excess 20 percent thereafter for the service-connected right lower extremity radiculopathy is dismissed. Entitlement to a disability rating in excess of 40 percent for the service-connected degenerative disc disease of the lumbar spine is dismissed. Entitlement to a disability rating in excess of 30 percent for the service-connected spondylosis of the cervical spine is dismissed. Entitlement to a disability rating in excess of 20 percent prior to March 4, 2020, and in excess 40 percent thereafter for the service-connected left upper extremity radiculopathy is dismissed. Entitlement to a disability rating in excess of 20 percent for the service-connected left lower extremity radiculopathy is dismissed. FINDING OF FACT In April 2021, prior to the promulgation of a decision in the appeal, the Veteran submitted written correspondence indicating that he desired to withdraw his appeal as to the issues of entitlement to a disability rating in excess of 20 percent prior to March 4, 2020, and in excess 30 percent thereafter for the service-connected right upper extremity radiculopathy, entitlement to a disability rating in excess of 10 percent prior to March 4, 2020, and in excess 20 percent thereafter for the service-connected right lower extremity radiculopathy, entitlement to a disability rating in excess of 40 percent for the service-connected degenerative disc disease of the lumbar spine, entitlement to a disability rating in excess of 30 percent for the service-connected spondylosis of the cervical spine, entitlement to a disability rating in excess of 20 percent prior to March 4, 2020, and in excess 40 percent thereafter for the service-connected left upper extremity radiculopathy, and entitlement to a disability rating in excess of 20 percent for the service-connected left lower extremity radiculopathy. CONCLUSION OF LAW The criteria for withdrawal of the appeal as to the issues of a disability rating in excess of 20 percent prior to March 4, 2020, and in excess 30 percent thereafter for the service-connected right upper extremity radiculopathy, entitlement to a disability rating in excess of 10 percent prior to March 4, 2020, and in excess 20 percent thereafter for the service-connected right lower extremity radiculopathy, entitlement to a disability rating in excess of 40 percent for the service-connected degenerative disc disease of the lumbar spine, entitlement to a disability rating in excess of 30 percent for the service-connected spondylosis of the cervical spine, entitlement to a disability rating in excess of 20 percent prior to March 4, 2020, and in excess 40 percent thereafter for the service-connected left upper extremity radiculopathy, and entitlement to a disability rating in excess of 20 percent for the service-connected left lower extremity radiculopathy have been met. 38 U.S.C. § 7105; 38 C.F.R. § 19.55. REASONS AND BASES FOR FINDING AND CONCLUSION The Veteran served on active duty from February 1976 to February 1979. These matters come before the Board of Veterans' Appeals (Board) from June 2011, March 2012, and May 2013 rating decisions by the Department of Veterans Affairs (VA) Regional Office (RO). These matters were previously remanded by the Board in April 2015, January 2020, and September 2020. At the time of the September 2020 Board remand, the issue of entitlement to a total disability rating based upon individual unemployability (TDIU) due to service-connected disabilities was also remanded. During the pendency of the remand, a February 2021 rating decision granted entitlement to a TDIU. As that decision constitutes a grant of the claim for TDIU, the claim is no longer on appeal. See generally Grantham v. Brown, 114 F.3d 1156, 1158-59 (Fed. Cir. 1997), (because appellant's first appeal concerned rejection of logically up-stream element of service connection, appeal could not concern logically down-stream elements). Withdrawn Claims 1. Entitlement to a disability rating in excess of 20 percent prior to March 4, 2020, and in excess 30 percent thereafter for the service-connected right upper extremity radiculopathy is dismissed. 2. Entitlement to a disability rating in excess of 10 percent prior to March 4, 2020, and in excess 20 percent thereafter for the service-connected right lower extremity radiculopathy is dismissed. 3. Entitlement to a disability rating in excess of 40 percent for the service-connected degenerative disc disease of the lumbar spine is dismissed. 4. Entitlement to a disability rating in excess of 30 percent for the service-connected spondylosis of the cervical spine is dismissed. 5. Entitlement to a disability rating in excess of 20 percent prior to March 4, 2020, and in excess 40 percent thereafter for the service-connected left upper extremity radiculopathy is dismissed. 6. Entitlement to a disability rating in excess of 20 percent for the service-connected left lower extremity radiculopathy 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. Withdrawal may be made by the appellant or by his or her authorized representative. Id. In an April 2021 correspondence submitted by the Veteran, and prior to the promulgation of a decision in the appeal, he expressed his satisfaction with the decision to grant the issue of entitlement to a TDIU and desire to withdraw the remaining issues on appeal for increased ratings the cervical spine, lumbar spine, right upper extremity radiculopathy, left upper extremity radiculopathy, right lower extremity radiculopathy and left lower extremity radiculopathy. As the Veteran has withdrawn the appeal on those issues, there remains no allegation of error of fact or law for appellate consideration. Accordingly, the Board does not have jurisdiction to review the issues on appeal and the appeal is dismissed. ANTHONY C. SCIRÉ, JR Veterans Law Judge Board of Veterans' Appeals Attorney for the Board S. Medina, 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.