Citation Nr: 22011744 Decision Date: 03/01/22 Archive Date: 03/01/22 DOCKET NO. 20-23 838 DATE: March 1, 2022 ORDER Entitlement to an evaluation in excess of 20 percent for a lumbar spine disability, with degenerative arthritis, spondylosis and intervertebral disc syndrome, is dismissed. Entitlement to an evaluation in excess of 20 percent prior to November 20, 2018 and in excess of 10 percent from that date for radiculopathy, left lower extremity (femoral nerve), to include restoration of a 20 percent rating from November 20, 2018, is dismissed. Entitlement to an evaluation in excess of 10 percent for radiculopathy, right lower extremity (anterior crural (femoral) and internal saphenous nerves) is dismissed. Entitlement to an initial evaluation in excess of 10 percent for radiculopathy, left lower extremity (posterior tibial, external popliteal, musculocutaneous, anterior tibial, internal popliteal, and sciatic nerves) is dismissed. Entitlement to an initial evaluation in excess of 10 percent for radiculopathy, right lower extremity (posterior tibial, external popliteal, musculocutaneous, anterior tibial, internal popliteal and sciatic nerves) is dismissed. Entitlement to an initial compensable evaluation for radiculopathy, left lower extremity (external cutaneous nerve), is dismissed. Entitlement to an initial compensable evaluation for radiculopathy, left lower extremity (ilio-inguinal nerve), is dismissed. Entitlement to an initial compensable evaluation for radiculopathy, left lower extremity (obturator nerve), is dismissed. Entitlement to an initial compensable evaluation for radiculopathy, right lower extremity (external cutaneous nerve), is dismissed. Entitlement to an initial compensable evaluation for radiculopathy, right lower extremity (ilio-inguinal nerve), is dismissed. Entitlement to an initial compensable evaluation for radiculopathy, right lower extremity (obturator nerve), is dismissed. FINDING OF FACT In written, signed correspondence, received February 4, 2022, prior to the promulgation of a decision in the appeal, the Veteran's representative requested a withdrawal of the Veteran's pending appeals. CONCLUSION OF LAW The criteria for withdrawal of the Veteran's pending appeals have been met. 38 U.S.C. § 7105; 38 C.F.R. § 20.205. REASONS AND BASES FOR FINDING AND CONCLUSION The Veteran served on active duty from August 1968 to August 1972. This matter is before the Board of Veterans' Appeals (Board) on appeal of a November 2018 rating decision of a Department of Veterans Affairs (VA) Regional Office (RO). 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. § 20.205. Withdrawal may be made by the appellant or by his or her authorized representative. Id. Withdrawals must be in writing and must include the name of the Veteran, the name of the claimant or appellant if other than the Veteran, the applicable VA file number, and a statement that the appeal is withdrawn. If the appeal involves multiple issues, the withdrawal must specify that the appeal is withdrawn in its entirety or list the issue(s) withdrawn from the appeal. Hembree v. Wilkie, 33 Vet. App. 1 (2020), 38 C.F.R. § 19.55(b)(1). Until the appeal is transferred to the Board, an appeal withdrawal is effective when received by the AOJ. 38 C.F.R. § 19.55(b)(3). As enumerated in the above Order portion of this decision, the Veteran had appealed the matters of increased ratings for his lumbosacral spine and bilateral lower extremity radiculopathy disabilities, including the reduction of the 20 percent rating for left lower extremity radiculopathy of the femoral nerve to 10 percent from November 20, 2018. He was scheduled for a Board hearing in connection with these claims in March 2022. On February 4, 2022, VA received a letter from the Veteran's attorney referencing the appeal that had been certified to the Board prior to September 2020 (this appeal was certified by the RO in May 2020 and in July 2020 the Veteran was advised that the appeal had been placed on the Board's docket) indicating that, "[a]fter speaking with [the Veteran], he has relayed his desire to withdraw his pending appeals. [The Veteran] understands the consequences associated with this action." The attorney noted that the Veteran "no longer has any claims pending before the BVA [Board of Veterans Appeals]." The withdrawal is in writing and contains the Veteran's name, VA file number, and a statement indicating that the Veteran wishes to withdraw his pending appeals and no longer has any claims pending before the Board. Hence, there remain no allegations of errors of fact or law for appellate consideration. Accordingly, the claims in this appeal are dismissed. M. C. GRAHAM Veterans Law Judge Board of Veterans' Appeals Attorney for the Board K Hughes 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.