Citation Nr: 21039770
Decision Date: 07/01/21	Archive Date: 07/01/21

DOCKET NO. 16-63 190
DATE: July 1, 2021

ORDER

The appeal regarding the issue of entitlement to a rating in excess of 50 percent for the service-connected status post residuals of a back injury with chronic lumbosacral strain is dismissed.

FINDING OF FACT

In correspondence received by VA in March 2020, the Veteran stated that he was satisfied with his current disability rating. 

CONCLUSION OF LAW

The criteria for withdrawal of the appeal regarding the issue of entitlement to a rating in excess of 50 percent for the service-connected status post residuals of a back injury with chronic lumbosacral strain have been met.  38 U.S.C. § 7105; 38 C.F.R. § 20.205.

REASONS AND BASES FOR FINDING AND CONCLUSION

The Veteran served on active duty in the U.S. Navy from September 1981 to March 2001.

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. Except for appeals withdrawn on the record at the time of a hearing, appeal withdrawals must be in writing. 38 C.F.R. §20.205.  An appeal may be withdrawn as to any or all issues involved in the appeal at any time before the Board promulgates a decision. Id. Withdrawal may be made by the appellant or by his or her authorized representative.  Id. 

In correspondence received by VA in March 2020, the Veteran stated that he was satisfied with his current disability percentage and payment amount. See March 2020 Email Correspondence. In indicating satisfaction with this current disability rating, the Board finds the Veteran's statement to be clear that he no longer wishes to pursue his appeal for a higher rating for his service-connected back condition. Accordingly, there remains no allegation of errors of fact or law for appellate consideration. The Board does not have jurisdiction to review the Veteran's appeal, and it is dismissed. 

 

 

THERESA M. CATINO

Veterans Law Judge

Board of Veterans' Appeals

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 This decision is not precedential and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.