Citation Nr: 22016587
Decision Date: 03/22/22	Archive Date: 03/22/22

DOCKET NO. 11-21 718
DATE: March 22, 2022

ORDER

Entitlement to a rating in excess of 10 percent for a herniated nucleus pulposus, L5-S1, degenerative disc disease arthritis, spinal fusion, chronic low back pain status post multiple spinal anesthetic injections is dismissed. 

Entitlement to service connection for a right hip disorder is dismissed. 

Entitlement to service connection for a cervical spine disorder is dismissed. 

FINDING OF FACT

By letter dated March 2022, prior to the promulgation of a decision in the appeal, the Veteran, through his attorney, withdrew his claims of entitlement to a rating in excess of 10 percent for a herniated nucleus pulposus; entitlement to service connection for a right hip disorder; and entitlement to service connection for a cervical spine disorder.  

CONCLUSIONS OF LAW

1. The criteria for withdrawal of an appeal by the Veteran have been met as to the issue of entitlement to a rating in excess of 10 percent for a herniated nucleus pulposus.  38 U.S.C. § 7105(b)(2), (d)(5); 38 C.F.R. § 19.55. 

2. The criteria for withdrawal of an appeal by the Veteran have been met as to the issue of entitlement to service connection for a right hip disorder.  38 U.S.C. § 7105(b)(2), (d)(5); 38 C.F.R. § 19.55. 

3. The criteria for withdrawal of an appeal by the Veteran have been met as to the issue of entitlement to service connection for a cervical spine disorder.  38 U.S.C. § 7105(b)(2), (d)(5); 38 C.F.R. § 19.55. 

REASONS AND BASES FOR FINDING AND CONCLUSIONS

The Veteran had active naval service from March 1990 to November 1992. 

This case comes before the Board of Veterans' Appeals (Board) on appeal from a June 2010 rating decision issued by the Department of Veterans Affairs (VA) Regional Office (RO).  

In February 2015 and September 2019, the Board remanded the instant matters for additional development.

Withdrawal

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  An appeal may be withdrawn as to any or all issues involved in the appeal at any time before the Board promulgates a decision.  38 C.F.R. § 19.55.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. 

By letter dated March 2022, the Veteran, through his representative, submitted a statement stating that he wished to withdraw all claims currently pending before the Board. This statement was signed and submitted by the Veteran's representative.  The withdrawal was effective immediately upon receipt by VA.  38 C.F.R. § 20.204(b)(3).

The Board finds that the Veteran's withdrawal is unambiguous, was in writing, included the name of the Veteran, the file number and a statement that the appeal is withdrawn. See Hembree v. Wilkie, 33 Vet. App 1 (2020).  Thus, as there remains no allegation of error of fact or law for appellate consideration, the Board does not have jurisdiction to review the appeal as to the above-mentioned issues, and they are dismissed.

 

 

KRISTY L. ZADORA

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	Christopher O'Donnell, 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.