Citation Nr: 22015405
Decision Date: 03/17/22	Archive Date: 03/17/22

DOCKET NO. 16-40 693A
DATE: March 17, 2022

ORDER

Entitlement to an increased evaluation in excess of 20 percent for lumbar spondylosis and a herniated disc is dismissed.

Entitlement to service connection for the residuals of a rib fracture is dismissed.

Entitlement to an increased evaluation in excess of 20 percent for radiculopathy of the right lower extremity is dismissed.

Entitlement to an increased evaluation in excess of 10 percent for radiculopathy of the left lower extremity is dismissed.

Entitlement to a total disability evaluation based on individual unemployability is dismissed.

FINDING OF FACT

In August 2021, prior to the promulgation of a decision in the appeal, the Board received notification from the appellant that a withdrawal of this appeal is requested.

CONCLUSION OF LAW

The criteria for withdrawal of an appeal by the appellant 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 August 2007 to January 2011

1. Entitlement to an increased evaluation in excess of 20 percent for lumbar spondylosis and a herniated disc

2. Entitlement to service connection for the residuals of a rib fracture

3. Entitlement to an increased evaluation in excess of 20 percent for radiculopathy of the right lower extremity 

4. Entitlement to an increased evaluation in excess of 10 percent for radiculopathy of the left lower extremity

5. Entitlement to a total disability evaluation based on individual unemployability 

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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  An appeal may be withdrawn as to any or all issues involved in the appeal at any time before the Board promulgates a decision.  38 C.F.R. § 19.55.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.  In the present case, the appellant has withdrawn this appeal in an August 2021 written notification and, hence, there remain no allegations of errors of fact or law for appellate consideration.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.

 

 

Emily Tamlyn

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	Elliot Harris

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.