Citation Nr: 18147710
Decision Date: 11/06/18	Archive Date: 11/05/18

DOCKET NO. 15-28 601
DATE:	November 6, 2018
ORDER
Entitlement to a rating in excess of 10 percent for degenerative disc disease of the lumbar spine with left lower radiculopathy is dismissed.  
FINDING OF FACT
In September 2018, prior to the promulgation of a decision in the appeal, the Veteran notified VA the he wished to withdraw his appeal with respect to the issue of entitlement to a rating in excess of 10 percent for degenerative disc disease of the lumbar spine with left lower radiculopathy.
CONCLUSION OF LAW
The criteria for withdrawal of an appeal have been met.  38 U.S.C. § 7105(b)(2), (d)(5) (2012); 38 C.F.R. § 20.204 (2017).
REASONS AND BASES FOR FINDING AND CONCLUSION
The Veteran served on active duty from July 1987 to September 1996.
This matter came to the Board of Veterans’ Appeals (Board) on appeal from a January 2013 rating decision by the Department of Veterans Affairs (VA) Regional Office (RO). 
The Board notes that in connection with his appeal, the Veteran requested and was scheduled for a videoconference hearing before a Veterans Law Judge, to be held in October 2018.  Prior to the hearing, however, the Veteran withdrew his appeal.  See September 2018 VA 21-4138 Statement in Support of Claim.  Consequently, the original hearing request is considered withdrawn.  38 C.F.R. § 20.704 (e) (2017).
In September 2018, the Veteran’s representative submitted a notice withdrawing as power of attorney on behalf of the Veteran.  However, after the agency of original jurisdiction has certified an appeal to the Board, a representative may not withdraw services as a representative in the appeal unless good cause is shown on motion.  See 38 C.F.R. § 20.608.  As no motion has been submitted showing good cause, the September 2018 notice is not valid and the Veteran is considered to be represented by the organization listed on the title page.
1. Degenerative disc disease of the lumbar spine with left lower radiculopathy.
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  An appeal may be withdrawn as to any or all issues involved in the appeal at any time before the Board promulgates a decision.  38 C.F.R. § 20.204.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 or her authorized representative.  38 C.F.R. § 20.204.
In the present case, in the September 2018 written statement referenced above, the Veteran indicated that he wished to withdraw his appeal with respect to the issue of entitlement to a rating in excess of 10 percent for degenerative disc disease of the lumbar spine with left lower radiculopathy.  Given that the Veteran is in receipt of service connection for multiple disabilities, reflecting experience with and understanding of the VA benefits system, the Board finds that the September 2018 written statement is explicit, unambiguous, and done with a full understanding of the consequences of such action.  DeLisio v. Shinseki, 25 Vet. App. 45, 57 (2011); 38 C.F.R. §20.204.  Under these circumstances, the matter is no longer within the Board’s jurisdiction and is dismissed.
 
Jonathan Hager
Veterans Law Judge
Board of Veterans’ Appeals
ATTORNEY FOR THE BOARD