Citation Nr: 25009167
Decision Date: 07/14/25	Archive Date: 07/14/25

DOCKET NO. 18-38 716A
DATE: July 14, 2025

ORDER

Entitlement to an increased evaluation for degenerative arthritis of the spine, status post fracture T-5, in excess of 10 percent prior to April 04, 2019, and in excess of 20 percent from April 4, 2019 to November 9, 2020, is dismissed.

Entitlement to a total disability rating based on individual unemployability (TDIU) is dismissed.

FINDING OF FACT

In a written "Appeals Satisfaction Notice" received in May 2025, prior to the promulgation of a decision in the appeal, the Veteran withdrew his appeal as to the issues listed above.

CONCLUSION OF LAW

The criteria for withdrawal of the appeal as to the issues of entitlement to an increased evaluation for degenerative arthritis of the spine, status post fracture T-5, in excess of 10 percent prior to April 04, 2019, and in excess of 20 percent from April 4, 2019 to November 9, 2020 and TDIU, by the appellant (or his or her 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 active duty in the United States Air Force from December 1975 to July 1977.

This matter comes before the Board of Veterans' Appeals (Board) on appeal from rating decisions issued by a Department of Veterans Affairs (VA) Regional Office (RO). Following, an appeal in November 2023, the Board, in pertinent part, denied entitlement to a rating in excess of 10 percent for degenerative arthritis of the spine, status post fracture T-5, prior to April 04, 2019, and in excess of 20 percent from April 4, 2019 to November 9, 2020. 

The Veteran appealed the November 2023 Board decision to the United States Court of Appeals for Veterans Claims (Court). In October 2024, the Court granted the parties' Joint Motion for Partial Remand (JMPR) to vacate the Board's denial of an increased rating for degenerative arthritis of the spine, status post fracture T-5, prior to April 04, 2019, and from April 4, 2019 to November 9, 2020. Following return of the appeal, the Board remanded the claims for further development.  They have since been returned for adjudication.

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 An appeal may be withdrawn as to any or all issues involved in the appeal at any time before the Board promulgates a decision. 38 C.F.R. § 20.205.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. Id. Finally, withdrawal must be: (1) explicit; (2) unambiguous; and (3) done with a full understanding of the consequences of such action by the appellant. Acree v. O'Rourke, 891 F.3d 1009 (Fed. Cir. 2018); DeLisio v. Shinseki, 25 Vet. App. 45, 57-58 (2011).

In a written "Appeals Satisfaction Notice" received by the Board in May 2025, prior to the promulgation of a decision in the appeal, the Veteran indicated he wished to withdraw all remaining issues associated with his appeal, specifically to include issues contained in the most recent Supplemental Statement of the Case (SSOC).  A review of the claims file shows that the most recent SSOC issued in April 2025 readjudicated the issues listed above. The Board finds the withdrawal was explicit and unambiguous; all pertinent information, including the Veteran's name and claim number, was included in the correspondence. See Hembree v. Wilkie, 33 Vet. App. 1 (2020) (holding a written withdrawal request is effective where it includes the name of the veteran/claimant/appellant, the file number, and a statement that the appeal is withdrawn). Therefore, as to the issues listed above, there remain no allegations of error of fact or law for appellate consideration by the Board. Accordingly, the Board does not have jurisdiction to review the claims, and they are dismissed.

 

 

Ann K. Minami

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	K. M. Walker

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.