Citation Nr: 18152729
Decision Date: 11/26/18	Archive Date: 11/23/18

DOCKET NO. 16-07 513
DATE:	November 26, 2018
ORDER
1. Entitlement to increases in the (10 percent prior to May 26, 2016 and 20 percent from that date) staged ratings for lumbar intervertebral disc syndrome (IVDS) is dismissed.
2. Entitlement to a rating in excess of 10 percent for left lower extremity radiculopathy affecting the sciatic nerve is dismissed.
3. Entitlement to a rating in excess of 10 percent for right lower extremity radiculopathy affecting the sciatic nerve is dismissed.
4. Entitlement to a rating in excess of 10 percent for left lower extremity radiculopathy affecting the femoral nerve is dismissed.
5. Entitlement to a rating in excess of 10 percent for right lower extremity radiculopathy affecting the femoral nerve is dismissed.
REMANDED
6. Entitlement to service connection for a left knee disability is remanded.
FINDINGS OF FACT
1., 2., 3., 4., 5. In a September 2018 statement, prior to the promulgation of a decision in the matters, the appellant withdrew his appeals seeking increased ratings for lumbar IVDS, left and right lower extremity sciatic and femoral nerve radiculopathy.  
CONCLUSIONS OF LAW
1., 2., 3., 4., 5. The criteria for withdrawal of an appeal by the appellant are met with respect to the claims seeking increased ratings for lumbar IVDS; and left and right lower extremity sciatic and femoral nerve radiculopathy; the Board has no further jurisdiction to consider appeals in the matters.  38 U.S.C. §§ 7104, 7105(b)(2)(d)(5); 38 C.F.R. § 20.204.
REASONS AND BASES FOR FINDINGS AND CONCLUSIONS
The appellant is a Veteran who served on active duty from August 1954 to June 1978.  These matters are before the Board of Veterans' Appeals (the Board) on appeal from an August 2015 rating decision.
1., 2., 3., 4., 5.  The appeal seeking increased ratings for lumbar IVDS and left and right lower extremity sciatic and femoral nerve radiculopathy are dismissed.
The Board has jurisdiction in any question which under 38 U.S.C. § 511(a) is subject to a determination 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  An appeal may be withdrawn as to any or all issues involved in the appeal at any time before the Board promulgates a decision. 38 C.F.R. § 20.204.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 appellant or by his or her authorized representative, in writing or on the record during a hearing.  C.F.R. § 20.204.
In a September 2018 statement, the Veteran expressed his intent to withdraw his appeals seeking increased ratings for lumbar IVDS and left and right lower extremity sciatic and femoral nerve radiculopathy.  There is no allegation of error of fact or law remaining for appellate consideration as to these issues.  Accordingly, the Board no longer has jurisdiction to consider appeals in the matters.

REASONS FOR REMAND
Service connection for a left knee disability is remanded.
A September 2017 rating decision denied service connection for a left knee disability and the Veteran submitted a notice of disagreement with this determination later that month.  A statement of the case (SOC) has not been issued in response.  When this occurs, the Board is required to remand the case for issuance of an SOC.  Manlincon v. West, 12 Vet. App. 238 (1999).  [Thereafter, this claim will be before the Board only if the Veteran timely perfects the appeal by filing a substantive appeal.]
The matter is REMANDED for the following:
Issue a SOC addressing the matter of entitlement to service connection for a left knee disability.  




Advise the Veteran of the period of time afforded for submission of a substantive appeal in the matter, and that the matter will be before the Board only if he timely submits a substantive appeal. 
 
GEORGE R. SENYK
Veterans Law Judge
Board of Veterans’ Appeals
ATTORNEY FOR THE BOARD	James R. Siegel, Counsel