Citation Nr: 21040125
Decision Date: 07/02/21	Archive Date: 07/02/21

DOCKET NO. 16-58 499A
DATE: July 2, 2021

ORDER

Entitlement to a rating in excess of 10 percent for a lumbar strain disability (also referred to as a low back condition) from April 25, 2012 to December 6, 2015, is dismissed.

Entitlement to a rating in excess of 20 percent for a lumbar strain disability from December 7, 2015, is dismissed.

Entitlement to a total disability rating based on individual unemployability (TDIU) is dismissed prior to October 21, 2016.

FINDINGS OF FACT

1. On the record and with knowledge of the consequences, in his June 2021 Board hearing, the Veteran withdrew his claim of a rating in excess of 10 percent for a lumbar strain disability from April 25, 2012 to December 6, 2015.

2.  On the record and with knowledge of the consequences, in his June 2021 Board hearing, the Veteran withdrew his claim of a rating in excess of 20 percent for a lumbar strain disability from December 7, 2015.

3. On the record and with knowledge of the consequences, in his June 2021 Board hearing, the Veteran withdrew his claim of entitlement to a TDIU prior to October 21, 2016.

CONCLUSIONS OF LAW

1. The criteria for withdrawal of the appeal by the Veteran for a rating in excess of 10 percent for a lumbar strain disability from April 25, 2012 to December 6, 2015 have been met. 38 U.S.C. § 7105(b)(2), (d)(5); 38 C.F.R. § 20.204.

2. The criteria for withdrawal of the appeal by the Veteran for a rating in excess of 20 percent for a lumbar strain disability from December 7, 2015, have been met. 38 U.S.C. § 7105(b)(2), (d)(5); 38 C.F.R. § 20.204.

3. The criteria for withdrawal of the appeal by the Veteran for a total disability rating based on individual unemployability (TDIU) prior to October 21, 2016, have been met. 38 U.S.C. § 7105(b)(2), (d)(5); 38 C.F.R. § 20.204.

REASONS AND BASES FOR FINDINGS AND CONCLUSIONS

The Veteran served on active duty service from February August 1988 to July 1992.

These matters come before the Board of Veterans' Appeals (Board) on appeal from September 2012 rating decision of the Department of Veterans Affairs (VA).

The Veteran testified at a Board videoconference hearing before the undersigned in June 2021.

Withdrawal of Claim

Under 38 U.S.C. § 7105, the Board may dismiss any appeal which fails to allege specific error of fact or law in the determination being appealed. An appeal may be withdrawn in writing or in testimony at a hearing. 38 C.F.R. § 20.204. 

1. Entitlement to a rating in excess of 10 percent for a lumbar strain disability from April 25, 2012 to December 6, 2015.

2. Entitlement to a rating in excess of 20 percent for a lumbar strain disability from December 7, 2015.

3. Entitlement to a total disability rating based on individual unemployability (TDIU) prior to October 21, 2016.

At the June 2021 Board hearing, the Veteran testified that he is satisfied with the current relief that he has received from VA during the course of this appeal with respect to the issues above. The Veteran expressly withdrew his claims of entitlement to a rating in excess of 10 percent for a low back condition from April 25, 2012 to December 6, 2015 and entitlement to a rating in excess of 20 percent for a low back condition thereafter, as well as his claim of entitlement to TDIU prior to October 21, 2016. The consequences of that withdrawal were addressed on the record and the Veteran indicated that he understood them. As the Veteran properly withdrew his claims, there remain no allegations of errors of fact or law for appellate consideration as it relates to these issues. Accordingly, the above stated claims are dismissed. 38 U.S.C. § 7105; 38 C.F.R. § 20.204.

 

 

Tiffany Dawson

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	J. Dorsey-Kwansa, 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.