Citation Nr: 21041005
Decision Date: 07/07/21	Archive Date: 07/07/21

DOCKET NO. 17-01 158
DATE: July 7, 2021

ORDER

Entitlement to an initial rating greater than 10 percent for right lower extremity radiculopathy of the femoral nerve is dismissed.

Entitlement to an initial rating greater than 10 percent for left lower extremity radiculopathy of the femoral nerve is dismissed.

Entitlement to a total disability rating based on individual unemployability due to service-connected disabilities (TDIU) is dismissed.

FINDING OF FACT

On May 30, 2019 and November 26, 2019, prior to the promulgation of a decision in the appeal, the Board received notification from the Veteran that a withdrawal of his appeal was requested.

CONCLUSIONS OF LAW

1. The criteria have been met for withdrawal of an appeal for the issue of an initial rating greater than 10 percent for right lower extremity radiculopathy of the femoral nerve.  38 U.S.C. § 7105; 38 C.F.R. § 19.55.  

2. The criteria have been met for withdrawal of an appeal for the issue of an initial rating greater than 10 percent for left lower extremity radiculopathy of the femoral nerve.  38 U.S.C. § 7105; 38 C.F.R. § 19.55.  

3. The criteria have been met for withdrawal of an appeal for the issue of entitlement to a TDIU.  38 U.S.C. § 7105; 38 C.F.R. § 19.55.  

REASONS AND BASES FOR FINDING AND CONCLUSIONS

The Veteran served on active duty from September 1990 to July 1992 in the U.S. Navy.

This matter comes to the Board of Veterans' Appeals (Board) on appeal from March 2014, April 2015, and November 2015 rating decisions issued by an Agency of Original Jurisdiction (AOJ) of the Department of Veterans Affairs (VA).  

The Veteran requested a Board videoconference hearing before a Veterans Law Judge in his December 2016 VA Form 9.  A Board videoconference hearing was scheduled for the Veteran for March 2020.  However, in a November 2019 statement, the Veteran explicitly withdrew his request for the hearing.  Therefore, the Board hearing request is considered withdrawn.  See 38 C.F.R. § 20.704(e) (2020).  

Dismissal of Appeal

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  An appeal may be withdrawn as to any or all issues involved in the appeal at any time before the Board promulgates a decision.  38 C.F.R. § 19.55 (2020) (formerly 38 C.F.R. § 20.204 (2018)).  Withdrawal may be made by the appellant or by his or her authorized representative.  38 C.F.R. § 19.55(a).  

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.  Specifically, in May 2019 and November 2019 statements (on VA Forms 21-4138), the Veteran indicated that he was withdrawing all issues on appeal, on the basis that he was satisfied with the 100 percent schedular rating VA had awarded him.  The Veteran's withdrawal of the present appeal complies with VA's requirements for withdrawal discussed under the provisions of 38 C.F.R. § 19.55(a)-(b).   

Accordingly, the Board does not have jurisdiction to review the appeal.  As such, the appeal is dismissed.

 

 

Romina A. Casadei

Acting Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	P.S. Rubin, 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.