Citation Nr: 18152040 Decision Date: 11/20/18 Archive Date: 11/20/18 DOCKET NO. 15-12 040A DATE: November 20, 2018 ORDER Entitlement to a rating in excess of 10 percent disabling for service-connected lumbar spine strain is dismissed. Entitlement to a rating in excess of 10 percent disabling for service-connected osteoarthritis of the right hip is dismissed. Entitlement to a rating in excess of 10 percent disabling for service-connected osteoarthritis and femoral acetabular impingement of the left hip is dismissed. Entitlement to a compensable rating for service-connected limited extension of the left hip is dismissed. FINDINGS OF FACT By October 2018 correspondence, prior to the promulgation of a decision in the matters, the Veteran indicated he was satisfied with the ratings assigned for his service-connected lumbar spine strain and bilateral hip conditions; there are no further allegations of factual or legal error remaining in these matters for appellate consideration. CONCLUSIONS OF LAW 1. The criteria for withdrawal of an appeal for an increased rating for service-connected lumbar spine strain, by the Veteran have been met; the Board has no further jurisdiction in this matter. 38 U.S.C. § 7105 (b)(2), (d)(5) (2012); 38 C.F.R. §§ 20.202, 20.204 (2017). 2. The criteria for withdrawal of an appeal for an increased rating for service-connected osteoarthritis of the right hip, by the Veteran have been met; the Board has no further jurisdiction in this matter. 38 U.S.C. § 7105 (b)(2), (d)(5) (2012); 38 C.F.R. §§ 20.202, 20.204 (2017). 3. The criteria for withdrawal of an appeal for an increased rating for service-connected osteoarthritis and femoral acetabular impingement of the left hip, by the Veteran have been met; the Board has no further jurisdiction in this matter. 38 U.S.C. § 7105 (b)(2), (d)(5) (2012); 38 C.F.R. §§ 20.202, 20.204 (2017). 4. The criteria for withdrawal of an appeal for a compensable rating for service-connected limited extension of the left hip, by the Veteran have been met; the Board has no further jurisdiction in this matter. 38 U.S.C. § 7105 (b)(2), (d)(5) (2012); 38 C.F.R. §§ 20.202, 20.204 (2017). REASONS AND BASES FOR FINDINGS AND CONCLUSIONS The Veteran served in the Army National Guard from March 1999 to August 1999, and in the United States Army from February 2003 to June 2004, from August 2009 to January 2010, and from July 2010 to July 2011. Withdrawal of Claims Entitlement to a rating in excess of 10 percent disabling for service-connected lumbar spine strain, a rating in excess of 10 percent disabling for service-connected osteoarthritis of the right hip, a rating in excess of 10 percent disabling for service-connected osteoarthritis and femoral acetabular impingement of the left hip, and a compensable rating for service-connected limited extension of the left hip are dismissed. The Board has jurisdiction where there is a question of fact or law 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. An appeal may be withdrawn by the appellant or by his authorized representative at any time before the Board promulgates a decision in the matter. 38 C.F.R. § 20.204. A withdrawal of an appeal is effective when received. 38 C.F.R. § 20.204 (b)(3). In an October 2018 correspondence, the Veteran indicated that he wished to withdraw his claims for increased ratings for his lumbar spine strain and bilateral hip conditions, and that he was satisfied with the ratings assigned by the July 2016 rating decision. Under the circumstances, the Board finds that it is quite clear that there is no longer any allegation of factual or legal error remaining for appellate consideration with respect to the appeal seeking higher ratings for the Veteran’s service-connected lumbar spine strain and bilateral hip conditions. As such, the Board no longer has any jurisdiction in the matters, and they must be dismissed. BETHANY L. BUCKJORIE A. AUER Veterans Law Judge Board of Veterans’ Appeals ATTORNEY FOR THE BOARD J. Unger, Associate Counsel