Citation Nr: 18140038
Decision Date: 10/02/18	Archive Date: 10/02/18

DOCKET NO. 96-40 537
DATE:	October 2, 2018
ORDER
Entitlement to an increased rating in excess of 20 percent for osteoarthritis of the cervical spine for the period from September 30, 2011, to May 23, 2017, and in excess of 30 percent from May 24, 2017, forward; to include consideration of whether a separate rating for neurological abnormalities is warranted, is dismissed
FINDING OF FACT
In an August 2018 statement, prior to the promulgation of a decision in the appeal, the Board received notification from the appellant, through his authorized representative, 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(b)(2), (d)(5); 38 C.F.R. § 20.204.
REASONS AND BASES FOR FINDING AND CONCLUSION
The Veteran had active military service from April 1962 to April 1965. Thereafter, he had reserve service.
The issue was most recently before the Board of Veterans’ Appeals (Board) in June 2018 when it was remanded for the Veteran to be provided a Supplemental Statement of the Case (SSOC).
In August 2018 the Veteran’s representative filed a Motion for Reconsideration of the June 2018 Board’s decision denying entitlement to an evaluation in excess of 70 percent for depressive disorder with history of dysthymic disorder. The Motion for Reconsideration will be considered in a separate action by the Board.
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 An appeal may be withdrawn as to any or all issues involved in the appeal at any time before the Board promulgates a decision. 38 C.F.R. § 20.204. Withdrawal may be made by the appellant or by his or her authorized representative. 38 C.F.R. § 20.204.
In an August 2018 written statement in response to the recently provided SSOC, the appellant’s representative wrote the following:
If the Board grants TDIU as of June 1995, the issue of a higher schedular rating for the [V]eteran’s cervical spine will effectively be mooted, since he will not be entitled to any greater past due benefit award regardless of the outcome. Therefore, if TDIU is awarded as of June 1995, he will withdraw the c-spine rating appeal, and the Board may so indicate in its decision.
In an August 2018 rating decision, the RO granted entitlement to TDIU, effective June 5, 1995. 
As such, the Board finds that appellant, through his representative, 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.
 
M.E. LARKIN
Veterans Law Judge
Board of Veterans’ Appeals
ATTORNEY FOR THE BOARD	Robert J. Burriesci, Counsel