Citation Nr: 22014036
Decision Date: 03/11/22	Archive Date: 03/11/22

DOCKET NO. 17-36 093A
DATE: March 11, 2022

ORDER

Entitlement to restoration of the Veteran's 60 percent rating for left S-1 radiculopathy effective December 1, 2015, has been withdrawn.

FINDING OF FACT

In February 2020 correspondence, the Veteran explicitly withdrew the appeal for entitlement to restoration of the Veteran's 60 percent rating for left S-1 radiculopathy effective December 1, 2015. 

CONCLUSION OF LAW

The criteria for withdrawal of entitlement to restoration of the Veteran's 60 percent rating for left S-1 radiculopathy effective December 1, 2015, by the Veteran 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 from June 1984 to December 1990.

 

This matter comes before the Board of Veterans' Appeals (Board) on appeal from a September 2015 rating decision that reduced the rating assigned for left S-1 radiculopathy from 60 percent to 20 percent effective December 1, 2015.   

1. Entitlement to restoration of the Veteran's 60 percent rating for left S-1 radiculopathy effective December 1, 2015

An appeal may be withdrawn in writing, or on the record at a hearing, by the Veteran or their authorized representative, at any time before the Board promulgates a decision. 38 C.F.R. § 20.204. 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. 

In February 2020 correspondence, the Veteran withdrew his appeal of the issue of entitlement to restoration of the 60 percent rating for left S-1 radiculopathy, effective December 1, 2015. Although the Veteran did not specifically describe the issue he wished to withdraw, the restoration of the 60 percent rating for left S-1 radiculopathy is the only issue on appeal, and thus is the only issue to which the Veteran could have been referring. The expressed desire to withdraw the issue was explicit and unambiguous because the Veteran wrote "this is a request to withdraw my appeal from the Board. Please cancel my hearing and remove my claim from the appeals process." When a pending appeal is withdrawn, there is no longer an allegation of error of fact or law with respect to the determination that had been previously appealed. Consequently, dismissal of the pending appeal is the appropriate disposition. 38 U.S.C. § 7105 (d). Accordingly, further action by the Board concerning the issue is not warranted, and the appeal is dismissed. Id.

 

 

M.E. Larkin

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	A. Budd, 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.