Citation Nr: 18149934 Decision Date: 11/14/18 Archive Date: 11/14/18 DOCKET NO. 16-20 085 DATE: November 14, 2018 ORDER The appeal as to the claim of entitlement to service connection for a right-hand disability (claimed as right hand pain) is dismissed. The appeal as to the claim of entitlement to service connection for gastroenteritis is dismissed. The appeal as to the claim of entitlement to an initial rating in excess of 10 percent (prior to July 28, 2016) and in excess of 50 percent (from July 28, 2016) for chronic adjustment disorder with anxiety and history of recurrent traumatic brain injuries is dismissed. The appeal as to the claim of entitlement to an initial rating in excess of 10 percent for migraine is dismissed. The appeal as to the claim of entitlement to an initial rating in excess of 10 percent for right shoulder acromioclavicular (AC) joint arthritis, supraspinatous partial tear, labral cyst, is dismissed. The appeal as to the claim of entitlement to an initial rating in excess of 20 percent for L4-L5 degenerative disc disease is dismissed. The appeal as to the claim of entitlement to an initial rating in excess of 20 percent for C7-T1 arthritis, nerve root sleeve cyst, is dismissed. The appeal as to the claim of entitlement to an initial rating in excess of 20 percent for left upper extremity C7 radiculopathy is dismissed. FINDING OF FACT In an October 2018 written statement, prior to the promulgation of a decision in the appeal in the matters, the Veteran indicated that she wished to withdraw her appeal as to the claims of entitlement to service connection for a right-hand disability (claimed as right hand pain), entitlement to service connection for gastroenteritis, entitlement to an initial rating in excess of 10 percent (prior to July 28, 2016) and in excess of 50 percent (from July 28, 2016) for chronic adjustment disorder with anxiety and history of recurrent traumatic brain injuries, entitlement to an initial rating in excess of 10 percent for migraine, entitlement to an initial rating in excess of 10 percent for right shoulder AC joint arthritis, supraspinatous partial tear, labral cyst, entitlement to an initial rating in excess of 20 percent for L4-L5 degenerative disc disease, entitlement to an initial rating in excess of 20 percent for C7-T1 arthritis, nerve root sleeve cyst, and entitlement to an initial rating in excess of 20 percent for left upper extremity C7 radiculopathy; there is no question of fact or law in these matters remaining for the Board to consider. CONCLUSION OF LAW The criteria for withdrawal of an appeal are met as to the issues of entitlement to service connection for a right hand disability (claimed as right hand pain), entitlement to service connection for gastroenteritis, entitlement to an initial rating in excess of 10 percent (prior to July 28, 2016) and in excess of 50 percent (from July 28, 2016) for chronic adjustment disorder with anxiety and history of recurrent traumatic brain injuries, entitlement to an initial rating in excess of 10 percent for migraine, entitlement to an initial rating in excess of 10 percent for right shoulder AC joint arthritis, supraspinatous partial tear, labral cyst, entitlement to an initial rating in excess of 20 percent for L4-L5 degenerative disc disease, entitlement to an initial rating in excess of 20 percent for C7-T1 arthritis, nerve root sleeve cyst, and entitlement to an initial rating in excess of 20 percent for left upper extremity C7 radiculopathy; the Board has no further jurisdiction in these matters. 38 U.S.C. §§ 7104, 7105(b)(2), (d)(5); 38 C.F.R. § 20.204. REASONS AND BASES FOR FINDING AND CONCLUSION The Veteran served on active duty from June 1982 to December 1982, on active duty for training (ACDUTRA) from August 1996 to November 1996, and on active duty from August 1998 to February 2015. 1. Entitlement to service connection for a right-hand disability (claimed as right hand pain). 2. Entitlement to service connection for gastroenteritis. 3. Entitlement to an initial rating in excess of 10 percent (prior to July 28, 2016) and in excess of 50 percent (from July 28, 2016) for chronic adjustment disorder with anxiety and history of recurrent traumatic brain injuries. 4. Entitlement to an initial rating in excess of 10 percent for migraine. 5. Entitlement to an initial rating in excess of 10 percent for right shoulder AC joint arthritis, supraspinatous partial tear, labral cyst. 6. Entitlement to an initial rating in excess of 20 percent for L4-L5 degenerative disc disease. 7. Entitlement to an initial rating in excess of 20 percent for C7-T1 arthritis, nerve root sleeve cyst. 8. Entitlement to an initial rating in excess of 20 percent for left upper extremity C7 radiculopathy. The Board has jurisdiction in any matter which under 38 U.S.C. § 511(a) is subject to a decision by the Secretary. 38 U.S.C. § 7104. 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(b)(5). 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 her authorized representative, and must be in writing or on the record at a hearing. 38 C.F.R. § 20.204. In an October 2018 written statement, the Veteran indicated that she wished to withdraw her appeal as to the claims of entitlement to service connection for a right hand disability (claimed as right hand pain), entitlement to service connection for gastroenteritis, entitlement to an initial rating in excess of 10 percent (prior to July 28, 2016) and in excess of 50 percent (from July 28, 2016) for chronic adjustment disorder with anxiety and history of recurrent traumatic brain injuries, entitlement to an initial rating in excess of 10 percent for migraine, entitlement to an initial rating in excess of 10 percent for right shoulder AC joint arthritis, supraspinatous partial tear, labral cyst, entitlement to an initial rating in excess of 20 percent for L4-L5 degenerative disc disease, entitlement to an initial rating in excess of 20 percent for C7-T1 arthritis, nerve root sleeve cyst, and entitlement to an initial rating in excess of 20 percent for left upper extremity C7 radiculopathy. There remain no allegations of errors in fact or law for appellate consideration regarding these issues. Accordingly, the Board does not have jurisdiction to consider an appeal in these matters, and the appeal in these matters must be dismissed. M. SORISIO Veterans Law Judge Board of Veterans’ Appeals ATTORNEY FOR THE BOARD L. B. Yantz, Counsel