Citation Nr: 18149175
Decision Date: 11/09/18	Archive Date: 11/08/18

DOCKET NO. 16-33 269
DATE:	November 9, 2018
ORDER
Entitlement to service connection for arthritis of the hips is dismissed.
Entitlement to service connection for arthritis of the back is dismissed.
Entitlement to an extension of temporary total rating is dismissed.
FINDING OF FACT
In May 2017, the Veteran, through the representative, submitted a written statement indicating the desire to withdraw the claims of entitlement to service connection for arthritis of the hips and back, and an extension of temporary total rating, currently pending before the Board.
CONCLUSIONS OF LAW
1. The criteria for withdraw of the appeal for entitlement to service connection for arthritis of the hips have been met.  38 U.S.C. § 7105(a), 7108; 38 C.F.R. §§ 20.200, 20.202, 20.204(b)(c).
2. The criteria for withdraw of the appeal for entitlement to service connection for arthritis of the back have been met.  38 U.S.C. § 7105(a), 7108; 38 C.F.R. §§ 20.200, 20.202, 20.204(b)(c).
3. The criteria for withdraw of the appeal for entitlement to an extension of temporary total rating have been met.  38 U.S.C. § 7105(a), 7108; 38 C.F.R. §§ 20.200, 20.202, 20.204(b)(c).
REASONS AND BASES FOR FINDINGS AND CONCLUSIONS
The Veteran served on active duty from September 1983 to June 1993, and from May 1994 to January 2006.
This matter comes before the Board of Veterans’ Appeals (Board) on appeal from an August 2013 rating decision issued by the Department of Veterans Affairs (VA) Regional Office (RO) in Decatur, Georgia.  In May 2017, the Veteran testified at a hearing before the undersigned Veterans Law Judge.  A transcript of that hearing is of record.
1. Entitlement to service connection for arthritis of the hips
2. Entitlement to service connection for arthritis of the back
3. Entitlement to an extension of temporary total evaluation 
In a May 2017 statement the Veteran, through the representative, indicated his intent to withdraw the appeal of the issues of entitlement to service connection for arthritis of the hips and back, and an extension of temporary total evaluation.  More specifically the letter stated, “please accept this letter as formal notification that the above claimant wishes to withdraw…” claims for service connection arthritis of the back and hips, and extension of temporary total rating because of treatment for a service-connected disability. 
A Veteran may withdraw a substantive appeal in writing at any time prior to the Board’s promulgation of a decision.  38 C.F.R. § 20.204.  The Board finds that the Veteran effectively withdrew the substantive appeal for the issues currently before the Board.  Therefore, the Board concludes that no allegation of error of fact or law remains.  In the absence of assertions of error of fact or law, the appeal for entitlement to service connection for arthritis of the hips and back, and entitlement to extension of temporary total rating must be dismissed.  38 U.S.C. § 7105.
 
Harvey P. Roberts
Veterans Law Judge
Board of Veterans’ Appeals
ATTORNEY FOR THE BOARD	K. D. Cross, Associate Counsel