Citation Nr: 22016113 Decision Date: 03/21/22 Archive Date: 03/21/22 DOCKET NO. 17-56 530 DATE: March 21, 2022 ORDER Entitlement to an initial rating in excess of 10 percent prior to April 2, 2019, in excess of 20 percent from April 2, 2019, and in excess of 30 percent from October 14, 2019, for cervical strain with degenerative disc disease and intervertebral disc syndrome (IVDS) is dismissed. Entitlement to an initial rating in excess of 10 percent prior to April 2, 2019, in excess of 20 percent from April 2, 2019, and in excess of 40 percent from October 14, 2019, for lumbosacral strain with degenerative joint disease thoracic spine and IVDS is dismissed. Entitlement to an initial compensable rating prior to October 14, 2019, and in excess of 10 percent thereafter for right hip strain, flexion, is dismissed. Entitlement to an initial compensable rating for right hip strain, limitation of rotation, is dismissed. Entitlement to an initial rating in excess of 20 percent for right (major) shoulder strain status post-surgery is dismissed. Entitlement to an initial compensable rating prior to April 2, 2019, and in excess of 10 percent thereafter for left lower extremity radiculopathy, sciatic nerve, is dismissed. Entitlement to an initial compensable rating prior to April 2, 2019, and in excess of 10 percent thereafter for right lower extremity radiculopathy, sciatic nerve, is dismissed. FINDING OF FACT In a November 2020 written statement, prior to the promulgation of a decision, the Veteran withdrew from appeal the increased ratings claims for cervical spine, lumbar spine, right hip, right shoulder, and bilateral lower extremity radiculopathy disabilities. CONCLUSIONS OF LAW 1. The criteria for withdrawal of an appeal as to the issue of entitlement to an initial rating in excess of 10 percent prior to April 2, 2019, in excess of 20 percent from April 2, 2019, and in excess of 30 percent from October 14, 2019, for cervical strain with degenerative disc disease and IVDS have been met. 38 U.S.C. § 7105(d)(5); 38 C.F.R. § 20.204. 2. The criteria for withdrawal of an appeal as to the issue of entitlement to an initial rating in excess of 10 percent prior to April 2, 2019, in excess of 20 percent from April 2, 2019, and in excess of 40 percent from October 14, 2019, for lumbosacral strain with degenerative joint disease thoracic spine and IVDS have been met. 38 U.S.C. § 7105(d)(5); 38 C.F.R. § 20.204. 3. The criteria for withdrawal of an appeal as to the issue of entitlement to an initial compensable rating prior to October 14, 2019, and in excess of 10 percent thereafter for right hip strain, flexion, have been met. 38 U.S.C. § 7105(d)(5); 38 C.F.R. § 20.204. 4. The criteria for withdrawal of an appeal as to the issue of entitlement to an initial compensable rating for right hip strain, limitation of rotation, have been met. 38 U.S.C. § 7105(d)(5); 38 C.F.R. § 20.204. 5. The criteria for withdrawal of an appeal as to the issue of entitlement to an initial rating in excess of 20 percent for right (major) shoulder strain status post-surgery have been met. 38 U.S.C. § 7105(d)(5); 38 C.F.R. § 20.204. 6. The criteria for withdrawal of an appeal as to the issue of entitlement to an initial compensable rating prior to April 2, 2019, and in excess of 10 percent thereafter for left lower extremity radiculopathy, sciatic nerve, have been met. 38 U.S.C. § 7105(d)(5); 38 C.F.R. § 20.204. 7. The criteria for withdrawal of an appeal as to the issue of entitlement to an initial compensable rating prior to April 2, 2019, and in excess of 10 percent thereafter for right lower extremity radiculopathy, sciatic nerve, have been met. 38 U.S.C. § 7105(d)(5); 38 C.F.R. § 20.204. REASONS AND BASES FOR FINDING AND CONCLUSIONS The Veteran served on active duty in the United States Air Force from June 1993 to May 2016. These matters come before the Board of Veterans Appeals (Board) on appeal from an August 2016 rating decision issued by the Department of Veterans Affairs (VA) Regional Office (RO). In May 2019, the Board remanded the appeals for further evidentiary development. 1. Entitlement to an initial rating in excess of 10 percent prior to April 2, 2019, in excess of 20 percent from April 2, 2019, and in excess of 30 percent from October 14, 2019, for cervical strain with degenerative disc disease and IVDS is dismissed. 2. Entitlement to an initial rating in excess of 10 percent prior to April 2, 2019, in excess of 20 percent from April 2, 2019, and in excess of 40 percent from October 14, 2019, for lumbosacral strain with degenerative joint disease thoracic spine and IVDS is dismissed. 3. Entitlement to an initial compensable rating prior to October 14, 2019, and in excess of 10 percent thereafter for right hip strain, flexion, is dismissed. 4. Entitlement to an initial compensable rating for right hip strain, limitation of rotation, is dismissed. 5. Entitlement to an initial rating in excess of 20 percent for right (major) shoulder strain status post-surgery is dismissed. 6. Entitlement to an initial compensable rating prior to April 2, 2019, and in excess of 10 percent thereafter for left lower extremity radiculopathy, sciatic nerve, is dismissed. 7. Entitlement to an initial compensable rating prior to April 2, 2019, and in excess of 10 percent thereafter for right lower extremity radiculopathy, sciatic nerve, is dismissed. The claimant or the claimant's representative may withdraw an appeal as to any or all issues on appeal. 38 C.F.R. § 20.204(a). Except for appeals withdrawn on the record at a hearing, withdrawal must be in writing. 38 C.F.R. § 20.204(b)(1). A withdrawal is effective when received provided that receipt is prior to the issuance of a decision by the Board. 38 C.F.R. § 20.204(b)(3). A written withdrawal request is effective where it includes (i) the name of the appellant, (ii) the file number, and (iii) a statement that the appeal is withdrawn. 38 C.F.R. § 20.204(b). Withdrawal of a claim constitutes a withdrawal of the notice of disagreement (NOD) and, if filed, the substantive appeal. 38 C.F.R. § 20.204(c). There is no obligation to proceed with further adjudication following withdrawal. Hanson v. Brown, 9 Vet. App. 29 (1996). In November 2020, following issuance of a September 2020 Supplemental Statement of the Case (SSOC), the Veteran explicitly withdrew the claims on appeal in writing. He noted that he was satisfied with all remaining issues associated with the claim and wished to withdraw all issues contained in the recent SSOC. The letter contained the Veteran's name and file number, as well. The withdrawal effectively meets the requirements of 38 C.F.R. § 20.204. The Board also notes that additional ratings granted in a September 2020 rating decision as associated with these issues on appeal are also effectively withdrawn. 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. See 38 U.S.C. § 7105(d). Accordingly, further action by the Board concerning the increased ratings claims is not warranted, and the appeal of these claims is dismissed. Id. SHEREEN M. MARCUS Veterans Law Judge Board of Veterans' Appeals Attorney for the Board Rachel E. Jensen, 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.