Citation Nr: 18140742
Decision Date: 10/05/18	Archive Date: 10/05/18

DOCKET NO. 16-40 368
DATE:	 
ORDER
Entitlement to service connection for a sleep disorder is dismissed.
Entitlement to a rating greater than 20 percent for residuals of a T9 vertebral body fracture with fusion and fixation of T6-12 is dismissed.
Entitlement to an initial rating greater than 10 percent for right lower extremity radiculopathy is dismissed.
FINDINGS OF FACT
1. In January 2017, prior to the promulgation of a decision, the Veteran withdrew the appeal of entitlement to service connection for a sleep disorder.
2. In January 2017, prior to the promulgation of a decision, the Veteran withdrew the appeal of entitlement to a rating greater than 20 percent for residuals of a T9 vertebral body fracture with fusion and fixation of T6-12.
3. In January 2017, prior to the promulgation of a decision, the Veteran withdrew the appeal of entitlement to an initial rating greater than 10 percent for right lower extremity radiculopathy.
CONCLUSIONS OF LAW
1. The criteria for withdrawal of an appeal for entitlement to service connection for a sleep disorder have been met. 38 U.S.C. § 7105; 38 C.F.R. § 20.204.
2. The criteria for withdrawal of an appeal for entitlement to a rating greater than 20 percent residuals of a T9 vertebral body fracture with fusion and fixation of T6-12 have been met. 38 U.S.C. § 7105; 38 C.F.R. § 20.204. 
3. The criteria for withdrawal of an appeal for entitlement to an initial rating greater than 10 percent for right lower extremity radiculopathy have been met. 38 U.S.C. § 7105; 38 C.F.R. § 20.204. 
REASONS AND BASES FOR FINDINGS AND CONCLUSIONS
The Veteran served on active duty from August 1988 to September 1992, and from June 1993 to September 1996. 
Entitlement to service connection for a sleep disorder
Entitlement to a rating greater than 20 percent for residuals of a T9 vertebral body fracture with fusion and fixation of T6-12
Entitlement to an initial rating greater than 10 percent for right lower extremity radiculopathy
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 An appeal may be withdrawn as to any or all issues involved in the appeal at any time before the Board promulgates a decision. 38 C.F.R. § 20.204.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 authorized representative. Id. Except for appeals withdrawn on the record at a hearing, appeal withdrawals must be in writing. 38 C.F.R. § 20.204(b).
The Veteran perfected an appeal as to the listed issues. In January 2017, he submitted a statement saying he wanted to withdraw his appeal as he was satisfied given the assignment of a total rating based on individual unemployability. In September 2018, the representative submitted a motion to withdraw appeal citing the Veteran’s January 2017 correspondence. On review, there remain no allegations of error of fact or law for appellate consideration as concerns these issues. The Board does not have jurisdiction over them and they are dismissed.
 
DEREK R. BROWN
Veterans Law Judge
Board of Veterans’ Appeals
ATTORNEY FOR THE BOARD	M. Carsten, Counsel