Citation Nr: 21032148
Decision Date: 05/26/21	Archive Date: 05/26/21

DOCKET NO. 15-06 212A
DATE: May 26, 2021

ORDER

Entitlement to an increased disability rating in excess of 40 percent for service connected intervertebral disc syndrome (IVDS) with degenerative joint disease (DJD) and degrative disc disease (DDD) of the lumbar spine, having been withdrawn by the Veteran, is dismissed.

FINDING OF FACT

On May 24, 2021, prior to the promulgation of a decision in the instant appeal, the Board of Veterans' Appeals (Board) was informed, in writing by the Veteran, that the lumbar spine rating issue was no longer being pursued on appeal.

CONCLUSION OF LAW

The criteria for withdrawal of the issue of an increased disability rating in excess of 40 percent for IVDS, DJD, and DDD of the lumbar spine have been met.  38 U.S.C. § 7105; 38 C.F.R. § 19.55.

REASONS AND BASES FOR FINDING AND CONCLUSION

The Veteran, who is the appellant, had active service from April 1977 to April 1997.

This matter came before the Board on appeal from a March 2013 Department of Veterans Affairs (VA) Regional Office (RO) rating decision.

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  An appeal may be withdrawn as to any or all issues involved in the appeal at any time before the Board promulgates a decision.  Withdrawal may be made by the appellant or by his or her authorized representative.  38 C.F.R. § 19.55.

On May 24, 2021, prior to the promulgation of a decision in the instant appeal, the Board was informed, in writing by the Veteran, that the lumbar spine rating issue was no longer being pursued on appeal.  As the Veteran has withdrawn the appeal regarding the issue of an increased disability rating in excess of 40 percent for IVDS, DJD, and DDD of the lumbar spine, the Veteran has withdrawn this appeal; hence, there remain no allegations of errors of fact or law for appellate consideration.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.

 

 

J. PARKER

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	E. Blowers, 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 This decision is not precedential and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.