Citation Nr: A25035551
Decision Date: 04/17/25	Archive Date: 04/17/25

DOCKET NO. 220406-233607
DATE: April 17, 2025

ORDER

The issue of entitlement to service connection for degenerative disc disease and degenerative arthritis of the lumbosacral spine as secondary to achilles tendinopathy of the left foot is dismissed. 

FINDING OF FACT

On April 10, 2025, prior to the promulgation of a decision in the appeal, the Board received notification from the Veteran, through his authorized representative, that he wished to withdraw from appellate consideration the issue of entitlement to service connection for degenerative disc disease and degenerative arthritis of the lumbosacral spine as secondary to achilles tendinopathy of the left foot.

CONCLUSION OF LAW

The criteria for withdrawal of the issue of entitlement to service connection for degenerative disc disease and degenerative arthritis of the lumbosacral spine as secondary to achilles tendinopathy of the left foot are met.  38 U.S.C. § 7105; 38 C.F.R. § 20.205; Hembree v. Wilkie, 33 Vet. App. 1 (2020).

REASONS AND BASES FOR FINDING AND CONCLUSION

The Veteran served on active duty from February 1976 to April 1983 and from January 1984 to March 1987.  This matter comes before the Board of Veterans' Appeals (Board) from a March 2022 rating decision that denied entitlement to service connection for degenerative disc disease and degenerative arthritis of the lumbosacral spine as secondary to achilles tendinopathy of the left foot. 

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  An appeal may be withdrawn as to any or all issues involved in the appeal at any time before the Board promulgates a decision.  38 C.F.R. § 20.205.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

In the present case, in correspondence dated in April 2025, the Veteran stated that he wished to withdraw from appellate consideration all the issues listed on his April 2022 VA Form 10182 Notice of Disagreement, to include the issue of entitlement to service connection for degenerative disc disease and degenerative arthritis of the lumbosacral spine as secondary to achilles tendinopathy of the left foot, under the above docket number.

To validly withdraw an appeal via a written communication, 38 C.F.R. § 20.205 states that the communication must include the name of the appellant, the applicable VA claims file number, and an indication that the appeal is withdrawn.  Further, the communication must identify the specific issues to be withdrawn or specify that the appeal in its entirety is withdrawn.  Id.; see also Hembree v. Wilkie, 33 Vet. App. 1, 2 (2020).

Here, the Board finds that the April 2025 correspondence by the Veteran's representative satisfies the requirements pursuant to 38 C.F.R. § 20.205 for a valid withdrawal of the issue of entitlement to service connection for degenerative disc disease and degenerative arthritis of the lumbosacral spine as secondary to achilles tendinopathy of the left foot.  Accordingly, the Board concludes that the Veteran has withdrawn the issues currently on appeal and, hence, there remain no allegations of errors of fact or law for appellate consideration.  Therefore, the Board does not have jurisdiction to review the issues on appeal and they are dismissed.  Id.

 

 

S.C. KREMBS

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	M. Bilstein, Counsel

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.