Citation Nr: 18141524
Decision Date: 10/10/18	Archive Date: 10/10/18

DOCKET NO. 16-30 556
DATE:	October 10, 2018
ORDER
Entitlement to an effective date earlier than July 8, 2011 for the grant of service connection of residuals of fracture, L3 with traumatic arthritis, peripheral neuropathy right lower extremity, peripheral neuropathy left lower extremity, is dismissed.
FINDING OF FACT
In a January 2018 written statement, prior to the promulgation of a decision in the appeal, the Veteran’s authorized representative requested for the Veteran’s appeal of the issue of entitlement to an effective date earlier than July 8, 2011 for the grant of service connection of residuals of fracture, L3 with traumatic arthritis, peripheral neuropathy right lower extremity, peripheral neuropathy left lower extremity, be withdrawn.
CONCLUSION OF LAW
The criteria for withdrawal of the appeal of the issue of entitlement to an effective date earlier than July 8, 2011 for the grant of service connection of residuals of fracture, L3 with traumatic arthritis, peripheral neuropathy right lower extremity, peripheral neuropathy left lower extremity, 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 service in the United States Army from February 1968 to December 1970.
This matter comes to the Board of Veteran's Appeals (Board) on appeal from a February 2012 rating decision.
The February 2012 rating decision granted entitlement to service connection for peripheral neuropathy of the left lower extremity and peripheral neuropathy of the right lower extremity.  Two 20 percent evaluations were assigned effective from a July 8, 2011.  However, a subsequent May 2016 Decision Review Officer (DRO) decision found clear and unmistakable error (CUE) in the February 2012 rating decision's assignment of separate evaluations for these disabilities.  The May 2016 DRO decision recharacterized the disabilities as residuals of fracture, L3 with traumatic arthritis, peripheral neuropathy right lower extremity, peripheral neuropathy left lower extremity.  A single 60 percent rating was assigned effective from July 8, 2011.
The record reflects that the Veteran was previously represented by attorney Wade R. Bosley.  In April 2012, he changed his representative to attorney Daniel R. Smith.
1.  Entitlement to an effective date earlier than July 8, 2011 for the grant of service connection for residuals of fracture, L3 with traumatic arthritis, peripheral neuropathy right lower extremity, peripheral neuropathy left lower extremity. 
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 veteran or by his authorized representative.  Except for appeals withdrawn on the record at a hearing, appeal withdrawals must be in writing.  38 C.F.R. § 20.204.
In a January 2018 written statement, the Veteran’s authorized representative requested to withdraw the issue of entitlement to an effective date earlier than July 8, 2011 for the grant of service connection for residuals of fracture, L3 with traumatic arthritis, peripheral neuropathy right lower extremity, peripheral neuropathy left lower extremity.  Given that there remain no allegations of errors of fact or law for appellate consideration, the Board does not have jurisdiction to review the appeal, and it is dismissed.
 
Gayle Strommen
Veterans Law Judge
Board of Veterans’ Appeals
ATTORNEY FOR THE BOARD	K.C. Spragins