Citation Nr: 22016468
Decision Date: 03/22/22	Archive Date: 03/22/22

DOCKET NO. 19-36 021A
DATE: March 22, 2022

ORDER

Entitlement to a rating in excess of 20 percent for right upper extremity radiculopathy is dismissed.

FINDING OF FACT

In a February 2021 correspondence, prior to the promulgation of a decision in the appeal, the Veteran explicitly and unambiguously withdrew all remaining issues on appeal, to include entitlement to a rating in excess of 20 percent for right upper extremity radiculopathy.

CONCLUSION OF LAW

The criteria for withdrawal of entitlement to a rating in excess of 20 percent for right upper extremity radiculopathy by the Veteran (or his or her authorized representative) 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 in the United States Marine Corps from January 2004 to January 2008.

The Veteran requested a Board hearing in his December 2019 VA Form 9.  However, the Veteran did not appear for the scheduled hearing.  Thus, his Board hearing request is considered withdrawn.   

1. Entitlement to a rating in excess of 20 percent for right upper extremity radiculopathy.

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(d).  An appeal may be withdrawn as to any or all issues involved in the appeal at any time before the Board promulgates a decision.  38 C.F.R. § 19.55.  Withdrawals may be made by the appellant or by his or her authorized representative.  38 C.F.R. § 19.55.

An effective withdrawal of a claim on appeal must be in writing, include the name of the veteran (or claimant or appellant if other than the veteran), the applicable Department of Veterans Affairs file number, and a statement that the appeal is withdrawn.  Hembree v. Wilkie, 33 Vet. App. 1, 5-7 (2020); 38C.F.R. §19.55.  If the appeal involves multiple issues, the withdrawal must specify that the appeal is withdrawn in its entirety or list the issue(s) withdrawn from the appeal.  Hembree, 33 Vet. App. at 5.

In the present case, the Veteran submitted a statement in February 2021 indicating that he desired to withdraw his appeal of a rating in excess of 20 percent for right upper extremity radiculopathy.  See Statement in Support of Claim, February 2021.  The February 2021 statement contained the Veteran's name, claim number, and a specific indication that he wished to withdraw the increased rating claim for right upper extremity radiculopathy.  Id.  

There remains no allegation of error of fact or law for appellate consideration with regard to the claims for an increased rating for right upper extremity radiculopathy and the issue must be dismissed.  See 38 C.F.R. § 19.55; Hembree, 33 Vet. App. 5-7.

 

 

STEVEN D. REISS

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	Sara Leigh, Attorney Advisor

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.