Citation Nr: 21031382 Decision Date: 05/21/21 Archive Date: 05/21/21 DOCKET NO. 17-32 372 DATE: May 21, 2021 ORDER Entitlement to an evaluation in excess of 20 percent for left lower extremity radiculopathy is dismissed. Entitlement to an evaluation in excess of 20 percent for right lower extremity radiculopathy is dismissed. Entitlement to an evaluation in excess of 10 percent for lumbar strain to include lumbar disc herniation for the period from February 14, 2013 to October 7, 2020 is dismissed. Entitlement to an evaluation in excess of 10 percent for lumbar strain to include lumbar disc herniation at more than 20 percent for the period from October 7, 2020 is dismissed. Entitlement to a total disability rating based on individual unemployability (TDIU) for the period February 14, 2013 to November 17, 2013 is dismissed. FINDING OF FACT Prior to the promulgation of a decision on the appeals, the Veteran signed a February 2021 Appeals Satisfaction Notice which explicitly and unambiguously indicated his intent to withdraw the appeals as to the issues of entitlement to ratings in excess of 20 percent for left and right lower extremity radiculopathy, a rating in excess of 10 percent for lumbar strain to include lumbar disc herniation for the period from February 14, 2013 to October 7, 2020 and 20 percent thereafter, and entitlement to a TDIU for the period February 14, 2013 to November 17, 2013. CONCLUSIONS OF LAW 1. The criteria for withdrawal of the issue of entitlement to a rating in excess of 20 percent for left lower extremity radiculopathy been met. 38 U.S.C. § 7105; 38 C.F.R. § 19.55. 2. The criteria for withdrawal of the issue of entitlement to a rating in excess of 20 percent for right lower extremity radiculopathy have been met. 38 U.S.C. § 7105; 38 C.F.R. § 19.55. 3. The criteria for withdrawal of the issue of entitlement to a rating in excess of 10 percent for lumbar strain to include lumbar disc herniation for the period from February 14, 2013 to October 7, 2020 have been met. 38 U.S.C. § 7105; 38 C.F.R. § 19.55. 4. The criteria for withdrawal of the issue of entitlement to a rating in excess of 10 percent for lumbar strain to include lumbar disc herniation at more than 20 percent since October 7, 2020 have been met. 38 U.S.C. § 7105; 38 C.F.R. § 19.55. 5. The criteria for withdrawal of the issue of entitlement to a total disability rating based on individual unemployability (TDIU) for the period February 14, 2013 to November 17, 2013 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 November 2002 to November 2006. These matters were previously remanded by the Board in June 2020 to obtain new VA examinations, which were provided in October 2020. 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. A January 2021 rating decision granted an increased evaluation of 20 percent for left and right lower extremity radiculopathy effective February 14, 2013; an increased evaluation of 20 percent for lumbar strain to include lumbar disc herniation effective October 7, 2020; and entitlement to a TDIU effective November 17, 2013. A Supplemental Statement of the Case was also issued in January 2021 that denied an evaluation in excess of 20 percent for left and right lower extremity radiculopathy; denied an evaluation in excess of 10 percent for lumbar strain to include lumbar disc herniation for the period from February 14, 2013 to October 7, 2020; denied an evaluation in excess of 20 percent for the lumbar disability from October 7, 2020; and denied entitlement to a TDIU for the period February 14, 2013 to November 17, 2013. The Veteran returned a signed February 2021 Appeals Satisfaction Notice indicating his satisfaction with the grant of benefits in the January 2021 rating decision and corresponding Supplemental Statement of the Case and indicated his desire to withdraw his appeal. As the Veteran has withdrawn this appeal, 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. H. N. SCHWARTZ Veterans Law Judge Board of Veterans' Appeals Attorney for the Board S. Morse 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.