Citation Nr: 18143148
Decision Date: 10/18/18	Archive Date: 10/17/18

DOCKET NO. 15-34 904A
DATE:	October 18, 2018
ORDER
The issue of entitlement a rating in excess of ten percent for a lumbar spine disability is dismissed.
 
FINDING OF FACT
In September 2018, which was prior to the promulgation of a decision in the appeal, the Veteran informed the Board that a withdrawal of the appeal was requested.
CONCLUSION OF LAW
The criteria for withdrawal of an appeal by the Veteran’s 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 served on active duty from January 1998 to January 2002.
This matter is on appeal from an October 2014 rating decision.  
The Board remanded this matter in August 2018.  
In September 2018, the Veteran perfected an appeal for the issue of service connection for idiopathic hypersomnia.  In his VA Form 9, she requested a Board hearing by live videoconference.  At present, that issue is not currently included within the scope of the instant decision as it is still awaiting the scheduling of the requested hearing.  
Entitlement to a rating in excess of ten percent for a lumbar spine disability.
Under 38 U.S.C. § 7105, the Board may dismiss any appeal which fails to allege specific error of fact or law in the determination being appealed.  An appeal may be withdrawn by the Veteran or representative on the record at a hearing, or in writing at any time before the Board promulgates a decision.  38 C.F.R. § 20.204.
In September 2018, the Veteran’s representative submitted a statement.  In doing so, the representative stated: “Please accept this letter as formal notification that the [Veteran] wishes to withdraw the following issue(s):  1. Chronic lumbar strain (claimed as lower back condition.).”
The Board finds that the Veteran’s withdrawal of the issue on appeal is “explicit, unambiguous, and done with a full understanding of the consequences of such action on the part of the claimant.”  DeLisio v. Shinseki, 25 Vet. App. 45, 57 (2011); see also Acree v O’Rourke, 891 F.3d 1009 (Fed. Cir. 2018).  This was the express statement made by the Veteran’s attorney representative.
Therefore, there remain no allegations of errors of fact or law for appellate consideration with regard to this appeal.  Accordingly, the Board does not have jurisdiction to review the appeal and it is dismissed.

 
RYAN T. KESSEL
Veterans Law Judge
Board of Veterans’ Appeals
ATTORNEY FOR THE BOARD	C. Bosely, Counsel