Citation Nr: 22012079
Decision Date: 03/02/22	Archive Date: 03/02/22

DOCKET NO. 09-38 546
DATE: March 2, 2022

ORDER

The appeal of entitlement to an initial rating in excess of 20 percent for cervical spine degenerative joint disease (DJD) is dismissed.

FINDINGS OF FACT

1. The Veteran served on active duty from May to August 1994 and from September 1997 to January 2006.

2. In a February 2022 written statement, prior to the promulgation of a decision in the appeal, the Veteran indicated his desire to withdraw the appeal listed above.

CONCLUSION OF LAW

The criteria for withdrawal of an initial rating in excess of 20 percent for cervical spine DJD have been met. 38 U.S.C. § 7105 (2012); 38 C.F.R. § 19.55 (2021).

REASONS AND BASES FOR FINDINGS AND CONCLUSION

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 An appeal may be withdrawn as to any or all issues involved in the appeal at any time before the Board promulgates a decision. 38 C.F.R. § 20.204.

Withdrawal may be made by the appellant or by his or her authorized representative. 38 C.F.R. § 20.204. Withdrawal of a claim must be "explicit, unambiguous, and done with a full understanding of the consequences of such action." DeLisio v. Shinseki, 25 Vet. App. 45, 47 (2011).

In July 2021, the Board remanded the issue for additional development. In December 2021, the Regional Office (RO) granted a 20 percent rating effective January 22, 2006 (the original effective date of service connection).

In a February 2022 written statement, the Veteran explicitly and unambiguously withdrew his appeal. The statement is in writing and is of record. Hence, there remain no allegations of error of fact or law for appellate consideration with regard to this issue. Thus, the Board does not have jurisdiction to review the appeal of this issue and it is dismissed.

 

 

L. HOWELL

Veterans Law Judge

Board of Veterans' Appeals

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 This decision is not precedential and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.