Citation Nr: 21040045
Decision Date: 07/02/21	Archive Date: 07/02/21

DOCKET NO. 18-51 347
DATE: July 2, 2021

ORDER

The appeal for entitlement to a rating in excess of 70 percent for posttraumatic stress disorder (PTSD) with depressive disorder is dismissed.

The appeal for entitlement to a rating in excess of 20 percent prior to January 8, 2020, and in excess of 40 percent thereafter for degenerative disc disease, L4-L5 and L5-S1 with IVDS is dismissed. 

The appeal for entitlement to a rating in excess of 20 percent for left lower extremity radiculopathy associated with degenerative disc disease is dismissed.

The appeal for entitlement to a rating in excess of 30 percent for herpes simplex is dismissed.

FINDING OF FACT

Prior to promulgation of a decision, in March 2021 and June 2021 statements, the Veteran and his attorney withdrew the Veteran's appeal regarding the issues of entitlement to a rating in excess of 70 percent for PTSD with depressive disorder, entitlement to a rating in excess of 20 percent prior to January 8, 2020, and in excess of 40 percent thereafter for degenerative disc disease, entitlement to a rating in excess of 20 percent for left lower extremity radiculopathy, and entitlement to a rating in excess of 30 percent for herpes simplex.

CONCLUSION OF LAW

The criteria for withdrawal of the appeal for entitlement to a rating in excess of 70 percent for PTSD with depressive disorder, entitlement to a rating in excess of 20 percent prior to January 8, 2020, and in excess of 40 percent thereafter for degenerative disc disease, entitlement to a rating in excess of 20 percent for left lower extremity radiculopathy, and entitlement to a rating in excess of 30 percent for herpes simplex are met.  38 U.S.C. § 7105(b)(2), (d)(5); 38 C.F.R. § 20.205.  

REASONS AND BASES FOR FINDING AND CONCLUSION

The Veteran served on active duty in the United States Air Force from December 1998 to December 2004.  This matter comes before the Board of Veterans' Appeals (Board) on appeal from May 2016 and July 2016 rating decisions issued by a Department of Veterans Affairs (VA) Regional Office (RO).  

Withdrawal of Claims

1. The appeal for entitlement to a rating in excess of 70 percent for PTSD with depressive disorder is dismissed.

2. The appeal for entitlement to a rating in excess of 20 percent prior to January 8, 2020, and in excess of 40 percent thereafter for degenerative disc disease, L4-L5 and L5-S1 with IVDS is dismissed. 

3. The appeal for entitlement to a rating in excess of 20 percent for left lower extremity radiculopathy associated with degenerative disc disease is dismissed.

4. The appeal for entitlement to a rating in excess of 30 percent for herpes simplex is dismissed.

In the present case, the Veteran and his attorney, in a March 2021 and June 2021 statements, advised that he wished to withdraw his appeal concerning his increased rating claims for PTSD, degenerative disc disease, lower left extremity radiculopathy, and herpes simplex disabilities.  See March 2021 and June 2021 VA Forms 21-4138; 38 C.F.R. § 20.205.  Accordingly, he has withdrawn the appeal and, hence, there remains no allegation of error of fact or law for appellate consideration regarding these issues.  Accordingly, the Board does not have jurisdiction to review the issues of entitlement to increased ratings for PTSD, degenerative disc disease, lower left extremity radiculopathy, and herpes simplex disabilities and they are dismissed. 

Lastly, the Board notes the Veteran and his attorney expressed their desire to withdraw the issues of entitlement to an increased rating for right lower extremity radiculopathy and a total disability rating based on individual unemployability (TDIU) in the same March 2021 and June 2021 statements mentioned above.  However, these clams were initiated under the Appeals Modernization Act (AMA) system by way of a December 2020 VA Form 20-0996 and thus were not on appeal before the Board in the traditional legacy system.  In March 2021 correspondence, the RO noted that it discontinued the increased rating claim for right lower extremity radiculopathy and a TDIU under the AMA system based on the Veteran's withdrawal of the claims in a March 2021 statement.  Thus, these claims have been discontinued and will not be addressed in a separate AMA decision.

 

 

S. BUSH

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	Asante, Ruby

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.