Citation Nr: 22012105
Decision Date: 03/02/22	Archive Date: 03/02/22

DOCKET NO. 17-23 265
DATE: March 2, 2022

ORDER

The appeal regarding the propriety of the reduction in rating for lumbosacral spine strain with degenerative joint disease and stenosis (lumbar spine disability) from 40 percent to 20 percent is dismissed.

The appeal regarding entitlement to an increased rating for a lumbar spine disability is dismissed.

FINDING OF FACT

In December 2021, prior to promulgation of a Board decision, the Veteran submitted a written statement expressing his intent to withdraw his appeal regarding the reduction in rating and claim for an increase for his lumbar spine disability. 

CONCLUSION OF LAW

The criteria for withdrawal of the appeal are 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 Navy from June 2005 to June 2008. 

This matter comes before the Board of Veterans' Appeals (Board) on appeal from an August 2015 rating decision of a Department of Veterans Affairs (VA) Regional Office (RO).  In the Veteran's VA Form 9, he limited his appeal to the reduction in rating of his lumbar spine disability. The Board will liberally construe the Veteran's appeal statement as also including his entitlement to an increased rating for this disability.

In May 2017, the Veteran withdrew his pending Board hearing request.  See May 2017 VA Form 27-0820; 38 C.F.R. § 20.704(e); see also February 2022 VA Form 21-4138. 

The Board may dismiss any appeal that 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  An appeal may be withdrawn as to any or all issues involved in the appeal at any time before the Board promulgates a decision.  38 C.F.R. § 19.55.  Withdrawal may be made by the appellant or by his or her authorized representative.  Id. 

Here, in December 2021 signed statement, the Veteran indicated that he wanted to withdraw his appeal as to the issues concerning his lumbar spine disability, explaining that he was already in receipt of a combined 100 percent disability rating and therefore wanted to cancel his appeal.  See December 2021 correspondence.  (The Board notes in passing that the Veteran also indicated his desire to withdraw right shoulder and abdominal scar ratings and effective dates from appellate consideration; however, this was already accomplished via his limiting VA Form 9).  Thus, the Veteran has withdrawn this appeal and, hence, there remains no allegation of error of fact or law for appellate consideration.  38 U.S.C. § 7105; 38 C.F.R. § 19.55.  

Accordingly, the Board does not have jurisdiction to review the appeal and it is dismissed.

 

 

S. BUSH

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	S.S. Mahoney

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.