Citation Nr: 22013989 Decision Date: 03/11/22 Archive Date: 03/11/22 DOCKET NO. 17-36 634 DATE: March 11, 2022 ORDER Entitlement to an increased rating for degenerative arthritis (DDD) of the spine with intervertebral disc syndrome (IVDS) is dismissed. Entitlement to an increased rating for radiculopathy right lower extremity is dismissed. Entitlement to an increased rating for radiculopathy left lower extremity is dismissed. FINDING OF FACT On November 28, 2021, prior to the promulgation of a decision in the appeal, the Board received a written request from the Veteran, through his attorney, to withdraw any and all pending appeals. CONCLUSIONS OF LAW 1. The criteria for withdrawal of entitlement to an increased rating higher for DDD IVDS by the appellant have been met. 38 U.S.C. § 7105; 38 C.F.R. § 19.55. 2. The criteria for withdrawal of entitlement to an increased rating higher for right lower extremity radiculopathy by the appellant have been met. 38 U.S.C. § 7105; 38 C.F.R. § 19.55. 3. The criteria for withdrawal of entitlement to an increased rating higher for left lower extremity radiculopathy by the appellant have been met. 38 U.S.C. § 7105; 38 C.F.R. § 19.55. REASONS AND BASES FOR FINDING AND CONCLUSIONS The Veteran served on active duty from May 1985 to June 1995. These matters come before the Board of Veterans' Appeals (Board) on appeal from an October 2015 rating decision of a Department of Veterans (VA) Affairs Regional Office (RO). The Veteran testified at a May 2020 hearing before the undersigned Veterans Law Judge; a transcript is of record. A May 2020 Board decision remanded for new examinations under Snuffer v. Gober, 10 Vet. App. 400, 408 (1997). A January 2021 rating decision increased the rating of IVDS to 40 percent. An August 2021 rating decision increased the ratings of right and left lower extremity radiculopathy to 20 percent. As these ratings were not a full grant, the claims remained on appeal. See AB v. Brown, 6 Vet. App. 35 (1993). The same rating decision also granted total disability due to individual unemployability (TDIU). Accordingly, the Board need not address TDIU. 1. Increased rating for lumbar spine DDD with IVDS 2. Increased rating for radiculopathy, right lower extremity 3. Increased rating for radiculopathy, left lower extremity In November 2021, the Veteran's representative submitted a letter containing the Veteran's name, file number, which was signed by the representative, stating that the Veteran "has informed me that it is his desire to withdraw/dismiss any and all remaining appeals, including any pending at the [Board]." See Correspondence, dated November 29, 2021. 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. § 19.55. Withdrawal may be made by the appellant or by his or her authorized representative. Id. A written withdrawal must be in writing and include (1) the name of the Veteran or the name of the claimant or appellant if other than the Veteran, (2) the applicable VA file number, and (3) 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. 38 C.F.R. §§ 19.55(b)(1). In the present case, the Veteran, through his authorized representative, has withdrawn all pending appeals and, hence, there remain no allegations of errors of fact or law for appellate consideration. Accordingly, the Board does not have jurisdiction to review the appeal and it is dismissed. KRISTI L. GUNN Veterans Law Judge Board of Veterans' Appeals Attorney for the Board K. McKenzie, 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.