Citation Nr: A24029726
Decision Date: 06/06/24	Archive Date: 06/06/24

DOCKET NO. 200604-91430
DATE: June 6, 2024

ORDER

Entitlement to a disability rating in excess of 20 percent for radiculopathy, right lower extremity, which is currently 20 percent disabling, to include the propriety of a proposed rating reduction is dismissed.

Entitlement to a disability rating in excess of 20 percent for radiculopathy, left lower extremity, which is currently 20 percent disabling, to include the propriety of a proposed rating reduction is dismissed.

Entitlement to a total disability rating as due to individual unemployability (TDIU), to include the propriety of a rating reduction effective July 1, 2020, is dismissed.

FINDING OF FACT

Prior to the promulgation of a decision in the appeals, the Veteran notified VA that she wished to withdraw her claims for disability ratings in excess of 20 percent for bilateral lower extremity radiculopathy, to include the propriety of a rating reduction, and her claim for a TDIU, to include the propriety of a rating reduction effective July 1, 2020.

CONCLUSIONS OF LAW

The criteria for withdrawal of the appeal of the December 2021 rating decision have been met. 38 U.S.C. § 7105; 38 C.F.R. § 20.205.

REASONS AND BASES FOR FINDING AND CONCLUSION

The Veteran served in the United States Army from March 2010 to January 2012.

This appeal comes to the Board of Veterans' Appeals (Board) from a Department of Veterans Affairs (VA) August 2019 rating decision of the Agency of Original Jurisdiction (AOJ).

Withdrawn Claims

1. Entitlement to a disability rating in excess of 20 percent for radiculopathy, right lower extremity, which is currently 20 percent disabling, to include the propriety of a proposed rating reduction.

2. Entitlement to a disability rating in excess of 20 percent for radiculopathy, left lower extremity, which is currently 20 percent disabling, to include the propriety of a proposed rating reduction.

3. Entitlement to a total disability rating as due to individual unemployability, to include the propriety of a rating reduction effective July 1, 2020.

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 An appeal may be withdrawn as to any or all issues involved in the appeal at any time before the Board promulgates a decision. 38 C.F.R. § 20.205. Withdrawal may be made by the appellant or by his or her authorized representative. 38 C.F.R. § 20.205.

On April 16, 2024, the Veteran submitted a VA Form 21-4138 Statement in Support of Claim requesting to withdraw her appeals for an increased rating for bilateral lower extremity radiculopathy. Contemporaneously, the Veteran emailed her VSO explaining her desire to "withdraw from the appeal of the right and left radiculopathy," an email which was then submitted to VA as evidence. See April 2024 Email Correspondence.

On May 15, 2024, the Veteran submitted another VA Form 21-4138 Statement in Support of Claim stating that she "would like to withdrawal[sic] her appeal for ... [e]ntitlement to individual unemployability." 

Given the above, the Veteran has clearly and unambiguously demonstrated an intent to withdraw her appeals. As the Veteran has withdrawn her appeals, there remain no allegations of errors of fact or law for appellate consideration. Accordingly, the Board does not have jurisdiction to review the appeals and they are dismissed.

 

 

Marissa Caylor

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	Neville, Mikael

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.