Citation Nr: 21031825
Decision Date: 05/24/21	Archive Date: 05/24/21

DOCKET NO. 17-06 067
DATE: May 24, 2021

ORDER

The appeal regarding entitlement to a rating in excess of 10 percent prior to August 3, 2020, for a thoracolumbar spine disability, and in excess of 40 percent thereafter, is dismissed.

FINDING OF FACT

In April 2021, prior to the promulgation of a decision in the appeal, VA received notification that the Veteran wished to withdraw the issue on appeal.

CONCLUSION OF LAW

The criteria for withdrawal of the claim for a rating in excess of 10 percent prior to August 3, 2020, for a thoracolumbar spine disability, and in excess of 40 percent thereafter, 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 May 1986 to April 1993.

This matter comes before the Board of Veterans' Appeals (Board) on appeal from a May 2013 rating decision by a Department of Veterans Affairs (VA) Regional Office (RO), which denied the Veteran a rating in excess of 10 percent for his thoracolumbar disability.  A January 2021 rating decision assigned a 40 percent rating for the Veteran's thoracolumbar disability from August 3, 2020.

In April 2021, the Veteran's representative notified VA that the Veteran wished to withdraw his "appeal for the back issue."  See April 2021 correspondence.

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  An appeal may be withdrawn as to any or all issues involved in the appeal at any time before the Board promulgates a decision.  38 C.F.R. § 19.55.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  In the present case, the Veteran's representative has withdrawn the issue on appeal and, hence, there remain no allegations of error of fact or law for appellate consideration.

Accordingly, the Board does not have jurisdiction to review the appeal and it is dismissed.

 

 

DONNIE R. HACHEY

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	A. Strickland

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 This decision is not precedential and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.