Citation Nr: 18144566
Decision Date: 10/24/18	Archive Date: 10/24/18

DOCKET NO. 12-35 900
DATE:	October 24, 2018
ORDER
The appeal as to a rating in excess of 20 percent for a low back disability after June 23, 2015, is dismissed.
FINDING OF FACT
In a September 2018 correspondence, prior to the promulgation of a decision in the appeal, the Board received notification from the Veteran’s representative that the Veteran wished to withdraw the issue currently on appeal.
CONCLUSION OF LAW
The criteria for withdrawal by the Veteran of an appeal involving a rating in excess of 20 percent for a low back disability after June 23, 2015, have been met. 38 U.S.C. § 7105 (2012); 38 C.F.R. § 20.204 (2017).
 

REASONS AND BASES FOR FINDING AND CONCLUSION
The Veteran had active service from January 1975 to June 1975. The Veteran testified before the undersigned Veterans Law Judge during a September 2016 hearing. This matter is on appeal from a June 2012 rating decision, and was remanded by the Board of Veterans’ Appeals (Board) in October 2017 for further development.
The Board remanded the issue of total disability based on individual unemployability (“TDIU”) in October 2017. In a May 2018 Decision Review Officer Conference Report, the Veteran and his attorney indicated that a grant of TDIU would satisfy the appeal. In a rating decision dated in June 2018, the AOJ granted entitlement to TDIU with an effective date of June 23, 2015. As the Veteran has been provided with a full grant of benefits for his TDIU claim, this issue is no longer before the Board.
1. A rating in excess of 20 percent for a low back disability after June 23, 2015
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 An appeal may be withdrawn as to any or all issues involved in the appeal at any time before the Board promulgates a decision. 38 C.F.R. § 20.204.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. 38 C.F.R. § 20.204. 
In the present case, the Veteran’s representative submitted a written statement, received in September 2018, expressing his desire to withdraw his appeal as to the issue currently on appeal. As the Veteran has withdrawn his appeal as to this issue, 
 
there remains no allegation of errors of fact or law for appellate consideration. Accordingly, the Board does not have jurisdiction to review the appeal and it is dismissed.
 
MARJORIE A. AUER
Veterans Law Judge
Board of Veterans’ Appeals
ATTORNEY FOR THE BOARD	Kelly A. Gastoukian, Associate Counsel