Citation Nr: 18145159
Decision Date: 10/26/18	Archive Date: 10/26/18

DOCKET NO. 18-38 022
DATE:	October 26, 2018
ORDER
Entitlement to an initial compensable rating for lumbosacral strain prior to March 4, 2016 and to a rating in excess of 40 percent thereafter is dismissed.  
Entitlement to an effective date prior to March 4, 2016 for the award of a 40 percent rating for lumbosacral strain is dismissed.
Entitlement to an initial rating in excess of 30 percent for posttraumatic stress disorder (PTSD) prior to December 1, 2015 and to a rating in excess of 70 percent thereafter is dismissed.    
Entitlement to an effective date prior to December 1, 2015 for the award of a 70 percent rating for PTSD is dismissed.
Entitlement to an initial rating in excess of 20 percent for radiculopathy of the right lower extremity radiculopathy is dismissed.
Entitlement to an effective date prior to March 4, 2016 for the award of service connection for right lower extremity radiculopathy is dismissed.  
FINDING OF FACT
In September 2018, prior to the promulgation of a decision, the Board received notification from the Veteran’s attorney that the Veteran wanted to withdraw his appeals for higher ratings and earlier effective dates for lumbosacral strain, PTSD and right lower extremity radiculopathy. 
CONCLUSIONS OF LAW
The criteria for withdrawal of the appeal for higher ratings and earlier effective dates for lumbosacral strain, PTSD and right lower extremity radiculopathy have been met.  38 U.S.C. § 7105(b)(2), (d)(5); 38 C.F.R. § 20.204.
REASONS AND BASES FOR FINDINGS AND CONCLUSIONS
The Veteran served on active duty from January 2010 to January 2015.    
This matter is on appeal before the Board of Veterans Appeals (Board) from a July 2016 rating decision of a Department of Veterans Affairs (VA) Regional Office (RO).
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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  An appeal may be withdrawn as to any or all issues involved in the appeal at any time before the Board promulgates a decision.  38 C.F.R. § 20.204.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 or her authorized representative.  38 C.F.R. § 20.204.  In a September 2018 statement, the Veteran, through his attorney, has withdrawn the appeal as to the issues of increased ratings and earlier effective dates for lumbosacral strain, PTSD and right lower extremity radiculopathy, as reflected on the title page.  Hence, there remain no allegations of errors of fact or law for appellate consideration.  Accordingly, the Board does not have jurisdiction to review the appeal and it is dismissed.
 
S. HENEKS
Veterans Law Judge
Board of Veterans’ Appeals
ATTORNEY FOR THE BOARD	Dan Brook, Counsel