Citation Nr: 25004872
Decision Date: 04/10/25	Archive Date: 04/10/25

DOCKET NO. 19-16 989
DATE: April 10, 2025

ORDER

The appeal concerning the issue of entitlement to an increased rating in excess of 20 percent prior to April 27, 2022, and in excess of 40 percent thereafter for lumbar spondylosis is dismissed.

The appeal concerning entitlement to an increased rating in excess of 10 percent for left lower extremity radiculopathy of the sciatic nerve is dismissed. 

The appeal concerning entitlement to an increased rating in excess of 10 percent for right lower extremity radiculopathy of the sciatic nerve is dismissed.

FINDING OF FACT

On March 21, 2025, prior to the promulgation of a decision in the appeal, the Board of Veterans' Appeals (Board) received notification from the Veteran, through his counsel, that a withdrawal of this appeal is requested; this withdrawal was voluntarily and intelligently made with complete understanding of the consequences thereof.

CONCLUSION OF LAW

The criteria for withdrawal of an appeal by the Veteran, from his 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 honorably on active duty from January 1972 to January 1994.

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 An appeal may be withdrawn as to any or all issues involved in the appeal at any time before the Board promulgates a decision. 38 C.F.R. § 19.55.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 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must be in writing, include the name of the veteran, the applicable file number, and a statement that the appeal is withdrawn. Hembree v. Wilkie, 33 Vet. App. 1, 5-7 (2020).

In the present case, the Veteran, through his counsel, has withdrawn this appeal. He submitted a written notice that contained his name and file number, and specifically listed the issues he wished to appeal. The Veteran's counsel also explained his rationale for the withdrawal. See March 2025 letter by J.R.M., Esq. Hence, there remain no allegations of errors of fact or law for appellate consideration. Accordingly, the Board does not have jurisdiction to review the appeal and it is dismissed.

 

 

KRISTI L. GUNN

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	Devin White

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.