Citation Nr: 18147908
Decision Date: 11/06/18	Archive Date: 11/06/18

DOCKET NO. 07-34 851A
DATE:	November 6, 2018
ORDER
The appeal seeking an initial evaluation in excess of 10 percent for left lower extremity radiculopathy/sciatica prior to June 19, 2013, and in excess of 20 percent from June 19, 2013 to April 2, 2014 is dismissed.
FINDING OF FACT
Prior to the promulgation of a decision of the appeal seeking an initial evaluation in excess of 10 percent for left lower extremity radiculopathy/sciatica prior to June 19, 2013, and in excess of 20 percent from June 19, 2013 to April 2, 2014, the Veteran, in an October 2018 written correspondence, indicated that he wished to withdraw his appeal. 
CONCLUSION OF LAW
The criteria for withdrawal of the appeal seeking an initial evaluation in excess of 10 percent for left lower extremity radiculopathy/sciatica prior to June 19, 2013, and in excess of 20 percent from June 19, 2013 to April 2, 2014 have been met.  38 U.S.C. § 7105; 38 C.F.R. §§ 20.202, 20.204.
REASONS AND BASES FOR FINDING AND CONCLUSION
The Veteran served on active duty from September 1947 to September 1950.  This matter is originally on appeal from a January 2007 rating decision.  In a January 2012 Board decision, a separate 10 percent rating was granted for left lower extremity radiculopathy.  In a November 2012 Order, the Court of Appeals for Veterans Claims granted a Joint Motion for Partial Remand vacating the January 2012 decision as to that issue, finding that the Board failed to provide adequate reasons and bases for why a rating higher than 10 percent was not warranted.  Following a January 2013 remand, a June 2013 rating decision awarded an increased 20 percent rating effective June 19, 2013.    
In January 2018, the RO granted service connection for loss of use of both feet, previously evaluated as sciatica/radiculopathy of the right and left lower extremities, and granted a 100 percent evaluation effective April 3, 2014.  This represents a full grant of the benefit sought on appeal from that date, and therefore this period is not on appeal.  AB v. Brown, 6 Vet. App. 35 (1993).  
Withdrawal of Appeal
A substantive appeal may be withdrawn in writing at any time before the Board promulgates a decision, or may be withdrawn on the record at a hearing.  38 C.F.R. §§ 20.202, 20.204(b).  
In an October 2018 written correspondence, the Veteran indicated that he wished to remove the current appeal seeking an initial evaluation in excess of 10 percent for left lower extremity radiculopathy/sciatica prior to June 19, 2013, and in excess of 20 percent from June 19, 2013 to April 2, 2014, and requested that all action on this issue be stopped immediately. 
As the Veteran has withdrawn this appeal in accordance with 38 C.F.R. § 20.204, there remains no allegation of error in fact or law.  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.  Accordingly, the Board does not have jurisdiction to review this appeal and it is dismissed. 
 
M. SORISIO
Veterans Law Judge
Board of Veterans’ Appeals
ATTORNEY FOR THE BOARD	Bonnie Yoon, Counsel