Citation Nr: 18151460
Decision Date: 11/20/18	Archive Date: 11/19/18

DOCKET NO. 15-24 011
DATE:	November 20, 2018
ORDER
An initial disability rating in excess of 20 percent for degenerative joint disease (DJD) of the lumbar spine is dismissed.
An initial disability rating in excess of 50 percent for bilateral pes planus is dismissed.
FINDING OF FACT
In an August 2018 email, a September 2018 letter from his representative, and another written statement received October 2018, the Veteran withdrew his appeal for an increased rating for bilateral pes planus and an increased rating for DJD of the lumbar spine.
CONCLUSIONS OF LAW
1. The criteria for withdrawal of a substantive appeal are met; the Board has no further jurisdiction to consider an appeal with respect to the Veteran’s claim for an initial disability rating in excess of 20 percent for DJD of the lumbar spine. 38 U.S.C. §§ 7104, 7105(b)(2), (d)(5) (2012); 38 C.F.R. §§ 20.202, 20.204 (2017).
2. The criteria for withdrawal of a substantive appeal are met; the Board has no further jurisdiction to consider an appeal with respect to the Veteran’s claim for an initial disability rating in excess of 50 percent for bilateral pes planus. 38 U.S.C. §§ 7104, 7105(b)(2), (d)(5) (2012); 38 C.F.R. §§ 20.202, 20.204 (2017).
REASONS AND BASES FOR FINDING AND CONCLUSIONS
The Veteran served on active duty from July 2001 to July 2005.
The Board also notes that on his June 2015 substantive appeal (VA Form 9), the Veteran requested a Board hearing. In August 2018, he withdrew his request for a hearing.
The Board notes that a rating decision granting service connection for DJD of the lumbar spine was issued in April 2014. An earlier effective date was granted in May 2015. The Veteran filed a Substantive Appeal (form 9) in June 2015, appealing the rating for his DJD of the lumbar spine. The RO issued several rating decisions granting increased ratings following this appeal, which the Veteran continued to disagree with. However, a supplemental statement of the case was never issued. The Board considers the June 2015 form 9 a timely notice of disagreement and has jurisdiction over this claim.
The Board has jurisdiction where there is a question of law or fact in a matter on appeal to the Secretary. 38 U.S.C. § 7104. Under 38 U.S.C. § 7105, the Board may dismiss any appeal which fails to allege specific error of fact or law in the determination being appealed. 38 C.F.R. § 20.202. The withdrawal of an appeal must be either in writing or on the record at a hearing. 38 C.F.R. § 20.204. Withdrawal can be by the Veteran or by his representative. Id. 
In August and October 2018 written statements, as well as a September 2018 statement from the Veteran’s representative, the Veteran withdrew his appeal. The Board finds that there remain no allegations of errors of fact or law for appellate consideration with respect to the issues of an increased rating for DJD of the lumbar spine and an increased rating for bilateral pes planus. Accordingly, as the Board has no further jurisdiction to review the appeal on these matters, they are dismissed.
 
VICTORIA MOSHIASHWILI
Veterans Law Judge
Board of Veterans’ Appeals
ATTORNEY FOR THE BOARD	M. D’Allaird, Associate Counsel