Citation Nr: 21041720 Decision Date: 07/10/21 Archive Date: 07/10/21 DOCKET NO. 17-00 332 DATE: July 10, 2021 ORDER Entitlement to a rating in excess of 40 percent for degenerative disc disease of the thoracolumbar spine status post spinal fusion is dismissed. Entitlement to an initial rating in excess of 10 percent for a healed surgical scar on the upper posterior trunk is dismissed. Entitlement to an effective date earlier than May 19, 2014 for the award of service connection for left lower extremity radiculopathy is dismissed. FINDING OF FACT On February 16, 2021, prior to the promulgation of a decision in the appeal, the Board of Veterans' Appeals (Board) received notification from the appellant, through his attorney, that a withdrawal of the issues of entitlement to a rating in excess of 40 percent for degenerative disc disease of the thoracolumbar spine status post spinal fusion, an initial rating in excess of 10 percent for a healed surgical scar on the upper posterior trunk, and an effective date earlier than May 19, 2014 for the award of service connection for left lower extremity radiculopathy was requested. CONCLUSION OF LAW The criteria for withdrawal of the appeal by the appellant, or his or her attorney, regarding entitlement to a rating in excess of 40 percent for degenerative disc disease of the thoracolumbar spine status post spinal fusion, an initial rating in excess of 10 percent disabling for a healed surgical scar on the upper posterior trunk, and an effective date earlier than May 19, 2014 for the award of service connection for left lower extremity radiculopathy, 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 Marine Corps from September 1988 to February 1990. These matters come before the Board on appeal from October 2013 and June 2015 rating decisions by the Department of Veterans Affairs (VA) Regional Office (RO). In his December 2016 VA Form 9, the Veteran requested a video conference hearing before a Veterans Law Judge. The Veteran was scheduled for a hearing in February 2021; however, the request was cancelled by withdrawing the appeals. 1. Entitlement to a rating in excess of 40 percent for degenerative disc disease of the thoracolumbar spine s/p spinal fusion. 2. Entitlement to an initial rating in excess of 10 percent disabling for a healed surgical scar on the upper posterior trunk. 3. Entitlement to an effective date earlier than May 19, 2014 for the award of service connection for left lower extremity radiculopathy. 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 by the Veteran or his representative. 38 C.F.R. § 19.55. In February 2021, the Veteran's attorney provided a statement. In doing so, the Veteran's attorney indicated, "The aforementioned Veteran has authorized me to withdraw the Form 9 filed on 12/28/2016. The Veteran no longer wishes to pursue the appeal that was filed on ALL conditions addressed on the Statement of the Case dated 11/3/2016. The Veteran willingly and knowingly understands that a dismissal will be issued on all conditions addressed on the Statement of the Case dated 11/3/2016. Please withdraw any appeal the Veteran has pending before the Board of Veterans' Appeals." The Board finds that the attorney's withdrawal of the appeals on behalf of the Veteran for a rating in excess of 40 percent for degenerative disc disease of the thoracolumbar spine status post spinal fusion; an initial rating in excess of 10 percent for a healed surgical scar on the upper posterior trunk, and; an effective date earlier than May 19, 2014, for the award of service connection for left lower extremity radiculopathy, is "explicit, unambiguous, and done with a full understanding of the consequences of such action on the part of the claimant." DeLisio v. Shinseki, 25 Vet. App. 45, 57 (2011). The withdrawal was made expressly by the Veteran's attorney in writing. Therefore, there remain no allegations of errors of fact or law for appellate consideration with regard to these issues. Accordingly, the Board does not have jurisdiction to review the appeals and they are dismissed. Jarrette A. Marley Acting Veterans Law Judge Board of Veterans' Appeals Attorney for the Board S. Becton, 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.