Citation Nr: A25035505
Decision Date: 04/17/25	Archive Date: 04/17/25

DOCKET NO. 230624-357489
DATE: April 17, 2025

ORDER

The appeal concerning the issues of an increased rating for intervertebral disc syndrome (IVDS) and bilateral radiculopathy of lower extremities is dismissed.

FINDING OF FACT

On January 9, 2025, prior to the promulgation of a decision in the appeal, the Board received notification from the appellant 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. § 20.205.

REASONS AND BASES FOR FINDING AND CONCLUSION

The Veteran served honorably in the United States Navy from July 1995 to April 2003.

The claims stem from an October 2022 rating decision. In a June 2023 VA Form 10182, Decision Review Request: Board Appeal (Notice of Disagreement), the Veteran elected the Evidence Submission docket.

Prior to promulgation of the decision, the Veteran submitted a letter in January 2025 requesting the withdrawal of this claim with knowledge that the Board will no longer review or decide regarding the issues in the case.  The request specifically identified the docket number on appeal.

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  An appeal may be withdrawn as to any or all issues involved in the appeal at any time before the Board promulgates a decision.  38 C.F.R. § 20.205.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.  In the present case, the appellant has withdrawn this appeal and, hence, there remain no allegations of errors of fact or law for appellate consideration.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.

 

 

B. MULLINS

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	Jarman, Timothy

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 This decision is not precedential and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.