Citation Nr: 22018199
Decision Date: 03/28/22	Archive Date: 03/28/22

DOCKET NO. 14-35 569A
DATE: March 28, 2022

ORDER

Entitlement to service connection for chronic headaches is dismissed.

Entitlement to an increased rating higher than 40 percent for degenerative arthritis of the spine and IVDS is dismissed.

Entitlement to an increased rating higher than 30 percent for IVDS cervical spine is dismissed.

Entitlement to an initial rating higher than 20 percent for right lower extremity radiculopathy is dismissed.

Entitlement to an initial rating higher than 20 percent for right knee patellofemoral syndrome with limited extension is dismissed.

Entitlement to an increased rating higher than 20 percent for right knee patellofemoral syndrome with limited flexion is dismissed.

Entitlement to an increased rating higher than 30 percent for left knee patellofemoral syndrome is dismissed.

FINDING OF FACT

In December 2020, prior to promulgation of a decision in the appeal, the Veteran notified VA that he wished to withdraw his appeal.

CONCLUSION OF LAW

The criteria for withdrawal of an appeal have been met. 38 U.S.C. § 7105(d); 38 C.F.R. § 19.55.

REASONS AND BASES FOR FINDING AND CONCLUSION

The Veteran served on active duty from September 1999 to September 2003, and September 2005 to September 2008. 

This case comes before the Board of Veterans' Appeals (Board) on appeal from September 2013, July 2017, March 2018, and April 2018 rating decisions by the Department of Veterans Affairs (VA) Regional Office (RO).

Withdrawal of Appeal

The Board may dismiss any appeal which fails to identify the specific determination with which the claimant disagrees.  38 U.S.C. § 7105(d).  An appeal may be withdrawn as to any or all issues involved in the appeal.  38 C.F.R. § 19.55 (a).  Withdrawal may be made by the appellant or by his or her authorized representative.  Id.

In a December 2020 letter, the Veteran through his representative indicated that he wishes to withdraw all of his pending appeals.  This statement reflects a desire to withdraw the appeal with respect to the issues of entitlement to service connection for chronic headaches, increased rating higher than 40 percent for degenerative arthritis of the spine and IVDS, increased rating higher than 30 percent for IVDS cervical spine, initial rating higher than 20 percent for right lower extremity radiculopathy, initial rating higher than 20 percent for right knee patellofemoral syndrome with limited extension, increased rating higher than 20 percent for right knee patellofemoral syndrome with limited flexion, and increased rating higher than 30 percent for left knee patellofemoral syndrome.  This statement constitutes a valid withdrawal of the Veteran's appeal as it complied with the requirement of the applicable regulation by including the name of the Veteran, the applicable VA file number, and a statement that the appeal was withdrawn.  See Hembree v. Wilkie, 33 Vet. App. 1, 8 (2020) (written withdrawals need only comply with 38 C.F.R. § 20.204 (b), now 38 C.F.R. § 19.55(b) as applicable to legacy claims).

Based on the above, there is no specific determination with which the claimant disagrees as to the claim on appeal, and dismissal of the appeal is therefore warranted.  

 

 

Jonathan Hager

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	R. Walker, 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.