Citation Nr: 21039747 Decision Date: 07/01/21 Archive Date: 07/01/21 DOCKET NO. 12-19 593 DATE: July 1, 2021 ORDER The issue of entitlement to an initial rating higher than 10 percent for degenerative joint disease of the lumbar spine, prior to May 2, 2013, and to a rating higher than 20 percent, from May 2, 2013 to February 22, 2021, is dismissed. The issue of entitlement to a total disability rating based on individual unemployability (TDIU) is dismissed. FINDING OF FACT In April 2021, prior to the promulgation of a decision in the appeal, the Board received notification from the Veteran that a withdrawal of this appeal is requested. CONCLUSION OF LAW The criteria for withdrawal of the issues of entitlement to an increased rating for degenerative joint disease of the lumbar spine and entitlement to a TDIU by the Veteran have been met. 38 U.S.C. § 7105; 38 C.F.R. § 19.55. REASONS AND BASES FOR FINDING AND CONCLUSION The Veteran had active service from July 1960 to December 1964. This matter comes before the Board of Veterans' Appeals (BVA or Board) from a March 2013 rating decision of the Department of Veterans Affairs (VA) Regional Office (RO). In a September 2013 rating decision, the RO granted an increased evaluation of 20 percent for degenerative joint disease of the lumbar spine, effective May 2, 2013. The Veteran requested a hearing before the Board. The requested hearing was conducted in April 2017 by the undersigned Veterans Law Judge. A transcript is associated with the claims file. In October 2017 and July 2020, the Board remanded these claims. In a March 2021 rating decision, the RO granted an increased evaluation of 100 percent for the Veteran's lumbar spine disability, effective February 2021. Withdrawal 1. Entitlement to an initial rating higher than 10 percent for degenerative joint disease of the lumbar spine, prior to May 2, 2013, and to a rating higher than 20 percent, from May 2, 2013 to February 22, 2021. 2. Entitlement to a TDIU. 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 An appeal may be withdrawn as to any or all issues involved in the appeal at any time before the Board promulgates a decision. 38 C.F.R. § 19.55.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 In the present case, the Veteran has withdrawn this appeal and, hence, there remain no allegations of errors of fact or law for appellate consideration. As noted, these issues were remanded by the Board in July 2020. In a March 2021 rating decision, the RO granted a 100 percent disability rating for the Veteran's lumbar spine disability, effective February 22, 2021. A supplemental statement of the case was issued in March 2021, at which time the Veteran was notified that the issues of entitlement to an initial increased rating for the lumbar spine disability, prior to February 22, 2021, and entitlement to a TDIU, remained denied. In April 2021, the Veteran submitted an Appeals Satisfaction Notice (Notice) indicating that he was satisfied with the decision rendered, and that he wished to "withdraw all remaining issues associated with this appeal." The Veteran further indicated that he wished to "withdraw all remaining issue(s)" contained in the recent SOC/SSOC and to discontinue further development actions associated with this appeal. In order to be effective, a written withdrawal of an appeal must be received by the Board prior to the issuance of a decision regarding the claim or claims being withdrawn and must include the name of the Veteran, the applicable claim number, and a statement that the appeal is being withdrawn. See 38 C.F.R. § 20.205 (b). In addition, an effective withdrawal of claims must be explicit, unambiguous, and accomplished with a full understanding of the consequences of such action. See DeLisio v. Shinseki, 25 Vet. App. 45, 57 (2011). Here, the March 2021 supplemental statement of the case clearly listed the issues of entitlement to an increased rating for a lumbar spine disability, prior to February 2021, and entitlement to a TDIU. The Veteran submitted the Appeals Satisfaction Notice that was provided with the March 2021 supplemental statement of the case. The form also contained the Veteran's name and claim number. Thus, the Board finds that the Veteran's intent to dismiss the claims was clear and unambiguous with a full understanding of the consequences of such action. The Board notes that the Veteran's representative completed an Informal Hearing Presentation in June 2021 after the request for withdrawal was received, listing the two issues as currently being on appeal; however, the representative failed to mention or discuss the Veteran's Appeals Satisfaction Notice that was received in April 2021. The issuance of the informal hearing presentation appears to be in error as the Veteran's withdrawal was effective the date it was received by the Board, in April 2021. See 38 C.F.R. § 20.205(b)(3). Accordingly, the Board does not have jurisdiction to review the appeal and it is dismissed. TANYA SMITH Veterans Law Judge Board of Veterans' Appeals Attorney for the Board L. Andersen, 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.