Citation Nr: A25032167
Decision Date: 04/08/25	Archive Date: 04/08/25

DOCKET NO. 240105-407844
DATE: April 8, 2025

ORDER

Entitlement to service connection for a back disability is dismissed.

Entitlement to service connection for bilateral lower radiculopathy is dismissed.

FINDING OF FACT

In a June 2024 written statement, the Veteran withdrew his claim for entitlement to service connection for a back disability and bilateral lower radiculopathy.

CONCLUSIONS OF LAW

1. The criteria for withdrawal of entitlement to service connection for a back disability have been met. 38 U.S.C. § 7105; 38 C.F.R. § 20.205.

2. The criteria for withdrawal of entitlement to service connection for bilateral lower radiculopathy have been met. 38 U.S.C. § 7105; 38 C.F.R. § 20.205.

REASONS AND BASES FOR FINDINGS AND CONCLUSIONS

The Veteran had active service from July 1969 to April 1973.

The rating decision on appeal was issued December 2023 and constitutes an initial decision; therefore, the modernized review system, also known as the Appeals Modernization Act (AMA), applies. 

1. Entitlement to service connection for a back disability

2. Entitlement to service connection for bilateral lower radiculopathy

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. 

On June 26, 2024, VA received a letter from the Veteran's representative stating that the Veteran wished to withdraw his appeal for entitlement to service connection for lower back and bilateral lower radiculopathy disabilities.

Only an appellant, or an appellant's authorized representative, may withdraw an appeal. An appeal may be withdrawn as to any or all issues involved in the appeal. 38 C.F.R. § 20.205(a).

A written withdrawal must include the name of the veteran, the VA file number, and a statement that the appeal is withdrawn. If the appeal involves multiple issues, the withdrawal must specify that the appeal is withdrawn in its entirety or list the issue(s) withdrawn from the appeal. 38 C.F.R. § 20.205(b)(1). The withdrawal is effective when it is received by the Board. 38 C.F.R. § 20.205(b)(3). 

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The Veteran's representative's June 2024 letter includes the Veteran's name, VA file number, date, and issues to be withdrawn. The Board finds the written request for a withdrawal to meet the requirements of 38 C.F.R. § 20.205.

Accordingly, the appeal for entitlement to service connection for lower back and bilateral lower radiculopathy disabilities is deemed withdrawn, and as there remain no allegations of errors of fact or law for appellate consideration, the appeal is dismissed.

 

 

H. SEESEL

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	A. Christensen

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.