Citation Nr: 21040611
Decision Date: 07/06/21	Archive Date: 07/06/21

DOCKET NO. 17-36 467
DATE: July 6, 2021

ORDER

Entitlement to an increased rating in excess of 10 percent for radiculopathy of the right lower extremity (femoral) is dismissed.

FINDING OF FACT

In a June 2021 correspondence letter, the Veteran, through a representative, requested a withdrawal of his claim for an increased rating for radiculopathy of the right lower extremity (femoral).

CONCLUSION OF LAW

The criteria for withdrawal of the claim for increased rating for radiculopathy of the right lower extremity (femoral) have been met.  38 U.S.C. § 7105; 38 C.F.R. § 19.55.

REASONS AND BASES FOR FINDING AND CONCLUSION

The Veteran served on active duty in the United States Navy from June 1998 to November 2007. 

1. Entitlement to an increased rating in excess of 10 percent for radiculopathy of the right lower extremity (femoral) 

Under 38 U.S.C. § 7105, the Board may dismiss any appeal that fails to allege specific error of fact or law in the determination being appealed.  An appeal may be withdrawn in writing or during a hearing at any time before the Board promulgates a decision.  Withdrawal may be made by the claimant or by his or her authorized representative.  38 C.F.R. § 19.55.

In a June 20201 letter from the Veteran's representative, the Veteran requested a withdrawal of his claim of entitlement to an increased rating for a radiculopathy of the right lower extremity (femoral).  The Veteran's withdrawal was undertaken with a full understanding of the consequences of such action.  DeLisio v. Shinseki, 25 Vet. App. 45, 57 (2011). 

In view of the Veteran's expressed desire, further action with regard to this claim is not appropriate.  Accordingly, the Board does not have jurisdiction to review the claim on appeal and it must be dismissed.

 

 

DELYVONNE M. WHITEHEAD

Veterans Law Judge

Board of Veterans' Appeals

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 This decision is not precedential and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.