Citation Nr: 23023947
Decision Date: 04/25/23	Archive Date: 04/25/23

DOCKET NO. 19-08 751A
DATE: April 25, 2023

ORDER

Entitlement to a disability rating in excess of 20 percent for right lower extremity radiculopathy (sciatic nerve) is dismissed as withdrawn.

Entitlement to a disability rating in excess of 20 percent for left lower extremity radiculopathy (sciatic nerve) is dismissed as withdrawn.

Entitlement to a disability rating in excess of 10 percent for lumbar disc disease is dismissed as withdrawn.

Entitlement to a disability rating in excess of 30 percent for pseudofolliculitis barbae with tinea pedis is dismissed as withdrawn.

Entitlement to service connection for left elbow olecranon bursitis is dismissed as withdrawn.

Entitlement to service connection for erectile dysfunction as secondary to service connected right lower extremity radiculopathy is dismissed as withdrawn.

Entitlement to a total disability rating based on unemployability due to service connected disabilities is dismissed as withdrawn.

FINDING OF FACT

In April 2023, prior to the promulgation of a decision in the appeal, the Board received notification from the appellant, through his authorized representative, that a withdrawal of this appeal is requested.

CONCLUSION OF LAW

The criteria for withdrawal of an appeal by the appellant (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 from February 1993 to February 1997.

These matters come before the Board of Veterans' Appeals (Board) on appeal from a March 2015 rating decision issued by a Department of Veterans Affairs (VA) Regional Office (RO). 

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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  An appeal may be withdrawn as to any or all issues involved in the appeal at any time before the Board promulgates a decision.  38 C.F.R.  § 19.55.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.  38 C.F.R. § 19.55.  In the present case, the appellant, through his authorized representative, requested withdrawal of this appeal and, hence, there remain no allegations of errors of fact or law for appellate consideration.  See April 2023 statement in support of claim.  The Board notes the Veteran was scheduled for a hearing in April 2023; however, as discussed, the Veteran withdrew his appeal prior to the scheduled hearing, and the hearing was cancelled.  Accordingly, the Board does not have jurisdiction to review the appeal and it is dismissed.

 

 

Tiffany Dawson

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	Moore, Carlin

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.