Citation Nr: 18153681
Decision Date: 11/28/18	Archive Date: 11/28/18

DOCKET NO. 11-18 495
DATE:	November 28, 2018
ORDER
The appeal seeking entitlement to an initial rating higher than 10 percent from September 1, 2009, to December 18, 2017, and higher than 20 percent thereafter, for service-connected lumbar and thoracic spine disability is dismissed.  
The appeal seeking entitlement to an initial rating higher than 10 percent from September 1, 2009, to December 18, 2017, and higher than 20 percent thereafter, for service-connected cervical spine disability is dismissed.
FINDING OF FACT
In an October 2018 statement, prior to the promulgation of a decision in the appeal, the Veteran stated that he wished to withdraw his pending appeal. 
CONCLUSIONS OF LAW
1.  The criteria for withdrawal of an appeal by the Veteran seeking entitlement to an initial rating higher than 10 percent from September 1, 2009, to December 18, 2017, and higher than 20 percent thereafter, for service-connected lumbar and thoracic spine disability are met.  38 U.S.C. § 7105(b)(2), (d)(5) (2012); 38 C.F.R. § 20.204 (2017).
2.  The criteria for withdrawal of an appeal by the Veteran seeking entitlement to an initial rating higher than 10 percent from September 1, 2009, to December 18, 2017, and higher than 20 percent thereafter, for service-connected cervical spine disability are met.  38 U.S.C. § 7105(b)(2), (d)(5) (2012); 38 C.F.R. § 20.204 (2017).
REASONS AND BASES FOR FINDING AND CONCLUSIONS
The Veteran served on active duty from August 1989 to August 2009.
In September 2014, the Board remanded the case to provide the Veteran with new VA examinations.  Thereafter, in February 2016, the Board remanded the claims for an additional time after the RO failed to comply with the Board remand directives and did not schedule the Veteran for VA examinations.  Subsequently, in October 2017, the Board remanded the case for an additional time to provide the Veteran with adequate VA examinations.  
During the pendency of the appeal, the RO increased the Veteran’s lumbar and cervical spine disabilities to 20 percent, effective December 18, 2017, granted separate 20 percent disability ratings for right and left bilateral lower extremity radiculopathy, and granted a total rating based on individual unemployability, effective September 1, 2009.
Dismissal of Withdrawn Issues
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 (2012).  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 (2017).  Withdrawal may be made by the appellant or by his or her authorized representative.  38 C.F.R. § 20.204.  
In the present case, the Veteran, in an October 2018 statement, withdrew the issues of entitlement to an initial rating higher than 10 percent from September 1, 2009, to December 18, 2017, and higher than 20 percent thereafter, for service-connected lumbar and thoracic spine disability, and entitlement to an initial rating higher than 10 percent from September 1, 2009, to December 18, 2017, and higher than 20 percent thereafter, for service-connected cervical spine disability.  Hence, with regard to these issues, there remain no allegations of errors of fact or law for appellate consideration.  Accordingly, the Board does not have jurisdiction to review these issues and the appeal is dismissed.
 
S. B. MAYS
Veterans Law Judge
Board of Veterans’ Appeals
ATTORNEY FOR THE BOARD	A. Yaffe, Associate Counsel