Citation Nr: 21041379 Decision Date: 07/09/21 Archive Date: 07/09/21 DOCKET NO. 16-44 766 DATE: July 9, 2021 ORDER Entitlement to an increased rating for lumbosacral strain is dismissed. FINDING OF FACT In July 2019, prior to promulgation of a decision in the appeal, the Veteran notified VA that she wished to withdraw the appeal. CONCLUSION OF LAW The criteria for withdrawal of an appeal by the Veteran are met. 38 U.S.C. § 7105(b)(2), (d); 38 C.F.R. §§ 19.55, 20.204. REASONS AND BASES FOR FINDING AND CONCLUSION The Veteran served in the United States Army from November 1995 to May 1996, from June 1997 to October 2002, and from January 2003 to July 2004. This matter came before the Board of Veterans' Appeals (Board) on appeal of a December 2014 rating decision by a Department of Veterans Affairs (VA) Regional Office (RO). In that decision, the RO increased the rating of the Veteran's lumbosacral strain to 10 percent. The Veteran filed a notice of disagreement in January 2015, seeking a higher rating. At the time of the December 2014 rating decision, service connection for cervicalgia (claimed as upper back condition) was denied. This claim was subsequently granted in a February 2019 rating decision. Withdrawal of Appeal The Board may dismiss any appeal which fails to identify the specific determination with which the claimant disagrees. 38 U.S.C. § 7105(d). An appeal may be withdrawn as to any or all issues involved in the appeal at any time before the Board promulgates a decision. 38 C.F.R. § 19.55 (formerly 38 C.F.R. § 20.204). Withdrawal may be made by the appellant or by his or her authorized representative. Id. For written withdrawals of an appeal, the regulation applicable to withdrawals is controlling. See Hembree v. Wilkie, 33 Vet. App. 1, 8 (2020) (written withdrawals need only comply with 38 C.F.R. § 20.204 (b), renumbered as 38 C.F.R. § 19.55(b)). It requires, among other things, that the withdrawal be in writing, by the appellant or his or her representative, and include the file number and a statement that the appeal is withdrawn. The Court summarized: "When the Board must analyze whether a written withdrawal is effective, its chief questions are whether the written withdrawal falls under § 20.204(b) and, if so, whether it complies with that regulation's requirements. If the answer to both questions is yes, then that is generally the end of the matter." Hembree, 33 Vet. App. at 7. In the present case, the Veteran submitted a letter on July 18, 2019 stating that she was afforded new VA examinations and a new VA decision provided. The Veteran stated she was no longer interested in pursuing the appeal dated in January 2015 as the matter was already handled, and she is getting the care she needs. The signed statement constitutes a valid withdrawal of the Veteran's appeal as it complied with the requirements of the applicable regulation by including the name of the Veteran, the applicable VA file number, and a statement that the Veteran wished to withdraw the issue associated with her appeal. The Board thus finds that the July 18, 2019 letter satisfies the written withdrawal requirements outlined in the applicable regulation, as it contains the necessary information and is clear that a withdrawal is requested for the issue of increased rating for lumbosacral strain. Therefore, the Veteran has withdrawn this appeal and, hence, there remain no allegations of a specific determination with which the Veteran disagrees. Accordingly, the Board does not have jurisdiction to review the appeal, and it is dismissed. Jonathan Hager Veterans Law Judge Board of Veterans' Appeals Attorney for the Board R. DeVerter, 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.