Citation Nr: 18143818
Decision Date: 10/22/18	Archive Date: 10/22/18

DOCKET NO. 18-15 328
DATE:	October 22, 2018
ORDER
Entitlement to an increased rating for lumbosacral strain, status-post back surgery for degenerative disc disease, currently rated 40 percent disabling, is dismissed.
FINDING OF FACT
On September 12, 2018, prior to the promulgation of a decision in the appeal, the Board received notification from the Veteran that a withdrawal of the issue of entitlement to an increased rating for lumbosacral strain, status-post back surgery for degenerative disc disease is requested.  
CONCLUSION OF LAW
The criteria for withdrawal of the appeal of entitlement to an increased rating for lumbosacral strain, status post back surgery for degenerative disc disease by the Veteran 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
Dismissal
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  An appeal may be withdrawn as to any or all issues involved in the appeal at any time before the Board promulgates a decision.  38 C.F.R. § 20.204.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.  38 C.F.R. § 20.204.  In the present case, the Veteran has withdrawn his appeal of the issue of entitlement to an increased rating for lumbosacral strain, status post back surgery for degenerative disc disease, and, hence, there remain no allegations of errors of fact or law for appellate consideration.  Accordingly, the Board does not have jurisdiction to review this issue on appeal, and this issue is dismissed.
 
Eric S. Leboff
Veterans Law Judge
Board of Veterans’ Appeals
ATTORNEY FOR THE BOARD	M.W. Kreindler, Counsel