Citation Nr: 1322286 Decision Date: 07/11/13 Archive Date: 07/18/13 DOCKET NO. 08-26 435A ) DATE ) ) On appeal from the Department of Veterans Affairs Regional Office in St. Petersburg, Florida THE ISSUES 1. Entitlement to service connection for a left tibia disability. 2. Entitlement to service connection for right elbow lateral epicondylitis. 3. Entitlement to service connection for bilateral hearing loss. 4. Entitlement to an initial evaluation in excess of 10 percent for thoracolumbar degenerative disc disease and in excess of 20 percent since October 3, 2012. 5. Entitlement to an initial evaluation in excess of 10 percent for right lower extremity radiculopathy, as secondary to thoracolumbar degenerative disc disease. 6. Entitlement to an initial evaluation in excess of 10 percent for left lower extremity radiculopathy, as secondary to thoracolumbar degenerative disc disease. 7. Entitlement to an initial evaluation in excess of 10 percent for left elbow lateral epicondylitis. 8. Entitlement to an initial evaluation in excess of 10 percent for a right ankle strain, status post right ankle fracture. 9. Entitlement to an initial evaluation in excess of 20 percent for right shoulder acromioclavicular grade III separation and right clavicular fracture with degenerative joint disease (hereinafter a right shoulder disability). 10. Entitlement to an initial evaluation in excess of 20 percent for left shoulder fracture with degenerative joint disease (hereinafter a left shoulder disability). 11. Entitlement to an initial evaluation in excess of 10 percent for a right knee strain. REPRESENTATION Appellant represented by: Veterans of Foreign Wars of the United States WITNESS AT HEARING ON APPEAL Appellant ATTORNEY FOR THE BOARD Scott Shoreman, Counsel INTRODUCTION The Veteran had active service from May 1987 to July 2007. This matter comes before the Board of Veterans' Appeals (Board) from a November 2007 rating decision of the Department of Veterans Affairs (VA) Regional Office (RO) in St. Petersburg, Florida. This claim was previously before the Board in February 2012, at which time the Board remanded it for additional development. FINDINGS OF FACT In a June 2013 written statement, the Veteran withdrew his current appeals. CONCLUSIONS OF LAW 1. The criteria for withdrawal of the appeal of entitlement to service connection for a left tibia disability by the appellant have been met. 38 U.S.C.A. § 7105(b)(2), (d)(5) (West 2002); 38 C.F.R. § 20.204 (2012). 2. The criteria for withdrawal of the appeal of entitlement to service connection for right elbow lateral epicondylitis have been met. 38 U.S.C.A. § 7105(b)(2), (d)(5) (West 2002); 38 C.F.R. § 20.204 (2012). 3. The criteria for withdrawal of the appeal of entitlement to service connection for bilateral hearing loss have been met. 38 U.S.C.A. § 7105(b)(2), (d)(5) (West 2002); 38 C.F.R. § 20.204 (2012). 4. The criteria for withdrawal of the appeal of entitlement to an initial evaluation in excess of 10 percent for thoracolumbar degenerative disc disease have been met prior to October 3, 2012, and in excess of 20 percent since that time. 38 U.S.C.A. § 7105(b)(2), (d)(5) (West 2002); 38 C.F.R. § 20.204 (2012). 5. The criteria for withdrawal of the appeal of entitlement to an initial evaluation in excess of 10 percent for right lower extremity radiculopathy, as secondary to thoracolumbar degenerative disc disease, have been met. 38 U.S.C.A. § 7105(b)(2), (d)(5) (West 2002); 38 C.F.R. § 20.204 (2012). 6. The criteria for withdrawal of the appeal of entitlement to an initial evaluation in excess of 10 percent for left lower extremity radiculopathy, as secondary to thoracolumbar degenerative disc disease, have been met. 38 U.S.C.A. § 7105(b)(2), (d)(5) (West 2002); 38 C.F.R. § 20.204 (2012). 7. The criteria for withdrawal of the appeal of entitlement to an initial evaluation in excess of 10 percent for left elbow lateral epicondylitis have been met. 38 U.S.C.A. § 7105(b)(2), (d)(5) (West 2002); 38 C.F.R. § 20.204 (2012). 8. The criteria for withdrawal of the appeal of entitlement to an initial evaluation in excess of 10 percent for a right ankle strain, status post right ankle fracture, have been met. 38 U.S.C.A. § 7105(b)(2), (d)(5) (West 2002); 38 C.F.R. § 20.204 (2012). 9. The criteria for withdrawal of the appeal of entitlement to an initial evaluation in excess of 20 percent for a right shoulder disability have been met. 38 U.S.C.A. § 7105(b)(2), (d)(5) (West 2002); 38 C.F.R. § 20.204 (2012). 10. The criteria for withdrawal of the appeal of entitlement to an initial evaluation in excess of 20 percent for a left shoulder disability have been met. 38 U.S.C.A. § 7105(b)(2), (d)(5) (West 2002); 38 C.F.R. § 20.204 (2012). 11. The criteria for withdrawal of the appeal of entitlement to an initial evaluation in excess of 10 percent for a right knee strain have been met. 38 U.S.C.A. § 7105(b)(2), (d)(5) (West 2002); 38 C.F.R. § 20.204 (2012). REASONS AND BASES FOR FINDINGS AND CONCLUSIONS The Board may dismiss any appeal that fails to allege specific error of fact or law in the determination being appealed. 38 U.S.C.A. § 7105 (West 2002). 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. § 20.204 (2012). Withdrawal may be made by the appellant or by his or her authorized representative. 38 C.F.R. § 20.204. In the present case, the appellant withdrew the appeals in a June 2013 statement, and, hence, there remains no allegations of errors of fact or law for appellate consideration. Accordingly, the Board does not have jurisdiction to review the appeals and they are dismissed. ORDER The appeal as to the issue of entitlement to service connection for a left tibia disability is dismissed. The appeal as to the issue of entitlement to service connection for right elbow lateral epicondylitis is dismissed. The appeal as to the issue of entitlement to service connection for bilateral hearing loss is dismissed. The appeal as to the issue of entitlement to an initial evaluation in excess of 10 percent for thoracolumbar degenerative disc disease is dismissed. The appeal as to the issue of entitlement to an initial evaluation in excess of 10 percent for right lower extremity radiculopathy as secondary to thoracolumbar degenerative disc disease is dismissed. The appeal as to the issue of entitlement to an initial evaluation in excess of 10 percent for left lower extremity radiculopathy as secondary to thoracolumbar degenerative disc disease is dismissed. The appeal as to the issue of entitlement to an initial evaluation in excess of 10 percent for left elbow lateral epicondylitis is dismissed. The appeal as to the issue of entitlement to an initial evaluation in excess of 10 percent for right ankle strain, status post right ankle fracture is dismissed. The appeal as to the issue of entitlement to an initial evaluation in excess of 20 percent for a right shoulder disability is dismissed. The appeal as to the issue of entitlement to an initial evaluation in excess of 20 percent for a left shoulder disability is dismissed. The appeal as to the issue of entitlement to an initial evaluation in excess of 10 percent for a right knee strain is dismissed. ____________________________________________ STEVEN D. REISS Veterans Law Judge, Board of Veterans' Appeals Department of Veterans Affairs