Citation Nr: 18150466 Decision Date: 11/15/18 Archive Date: 11/15/18 DOCKET NO. 16-03 173 DATE: November 15, 2018 ORDER Entitlement to service connection for residuals of a right rotator cuff injury status post repair is dismissed. Entitlement to service connection for hypertension is dismissed. Entitlement to service connection for a gastroesophageal reflux disease (GERD) is dismissed. Entitlement to a disability rating in excess of 40 percent for chronic lumbosacral strain with muscle spasm and degenerative changes prior to September 13, 2016 and from April 1, 2017 is dismissed. Entitlement to a disability rating in excess of 20 percent for radiculopathy of the left leg, with involvement of the sciatic nerve, from March 11, 2013 is dismissed. Entitlement to a disability rating in excess of 10 percent for radiculopathy of the right leg, with involvement of the sciatic nerve, from March 11, 2013 is dismissed. Entitlement to a disability rating in excess of 70 percent for depression from March 11, 2013 is dismissed. FINDINGS OF FACT 1. In an October 2018 correspondence, prior to the promulgation of a decision in the appeal, the Veteran requested to withdraw his claim for service connection for residuals of a right rotator cuff injury status post repair. 2. In an October 2018 correspondence, prior to the promulgation of a decision in the appeal, the Veteran requested to withdraw his claim for service connection for hypertension. 3. In an October 2018 correspondence, prior to the promulgation of a decision in the appeal, the Veteran requested to withdraw his claim for service connection for GERD. 4. In an October 2018 correspondence, prior to the promulgation of a decision in the appeal, the Veteran requested to withdraw his claim for a disability rating in excess of 40 percent for chronic lumbosacral strain with muscle spasm and degenerative changes prior to September 13, 2016 and from April 1, 2017. 5. In an October 2018 correspondence, prior to the promulgation of a decision in the appeal, the Veteran requested to withdraw his claim for a disability rating in excess of 20 percent for radiculopathy of the left leg, with involvement of the sciatic nerve, from March 11, 2013. 6. In an October 2018 correspondence, prior to the promulgation of a decision in the appeal, the Veteran requested to withdraw his claim for a disability rating in excess of 10 percent for radiculopathy of the right leg, with involvement of the sciatic nerve, from March 11, 2013. 7. In an October 2018 correspondence, prior to the promulgation of a decision in the appeal, the Veteran requested to withdraw his claim for a disability rating in excess of 70 percent for depression from March 11, 2013. CONCLUSIONS OF LAW 1. The criteria for withdrawal of a Substantive Appeal by the Veteran with respect to the issue of entitlement to service connection for a right rotator cuff injury status post repair have been met. 38 U.S.C. § 7105 (b)(2) (2012); 38 C.F.R. §§ 20.202, 20.204 (2017). 2. The criteria for withdrawal of a Substantive Appeal by the Veteran with respect to the issue of entitlement to service connection for hypertension have been met. 38 U.S.C. § 7105 (b)(2) (2012); 38 C.F.R. §§ 20.202, 20.204 (2017). 3. The criteria for withdrawal of a Substantive Appeal by the Veteran with respect to the issue of entitlement to service connection for GERD have been met. 38 U.S.C. § 7105 (b)(2) (2012); 38 C.F.R. §§ 20.202, 20.204 (2017). 4. The criteria for withdrawal of a Substantive Appeal by the Veteran with respect to the issue of entitlement to a disability rating in excess of 40 percent for chronic lumbosacral strain with muscle spasm and degenerative changes prior to September 13, 2016 and from April 1, 2017 have been met. 38 U.S.C. § 7105 (b)(2) (2012); 38 C.F.R. §§ 20.202, 20.204 (2017). 5. The criteria for withdrawal of a Substantive Appeal by the Veteran with respect to the issue of entitlement to a disability rating in excess of 20 percent for radiculopathy of the left leg, with involvement of the sciatic nerve, from March 11, 2013 have been met. 38 U.S.C. § 7105 (b)(2) (2012); 38 C.F.R. §§ 20.202, 20.204 (2017). 6. The criteria for withdrawal of a Substantive Appeal by the Veteran with respect to the issue of entitlement to a disability rating in excess of 10 percent for radiculopathy of the right leg, with involvement of the sciatic nerve, from March 11, 2013 have been met. 38 U.S.C. § 7105 (b)(2) (2012); 38 C.F.R. §§ 20.202, 20.204 (2017). 7. The criteria for withdrawal of a Substantive Appeal by the Veteran with respect to the issue of entitlement to a disability rating in excess of 70 percent for depression from March 11, 2013 have been met. 38 U.S.C. § 7105 (b)(2) (2012); 38 C.F.R. §§ 20.202, 20.204 (2017). REASONS AND BASES FOR FINDINGS AND CONCLUSIONS A Substantive Appeal may be withdrawn in writing at any time before the Board promulgates a decision. 38 C.F.R. § 20.202 (2017). Withdrawal may be made by the appellant or by his or her authorized representative. 38 C.F.R. § 20.204 (2017). The withdrawal effectively creates a situation in which an allegation of error of fact or law no longer exists. In such an instance, the Board does not have jurisdiction to review the appeal, and a dismissal is then appropriate. In an October 2018 letter, the Veteran’s representative notified the Board of the Veteran’s desire to withdraw his appeals for his disability claims. Hence, there remain no allegations of errors of fact or law for appellate consideration with respect to these issues, and they must be dismissed LESLEY A. REIN Veterans Law Judge Board of Veterans’ Appeals ATTORNEY FOR THE BOARD E. Ko, Associate Counsel