Citation Nr: 18155085
Decision Date: 12/04/18	Archive Date: 12/03/18

DOCKET NO. 18-36 500
DATE:	December 4, 2018
ORDER
The appeal regarding entitlement to an evaluation greater than 30 percent for service-connected anxiety disorder not otherwise specified (NOS) with panic disorder without agoraphobia is dismissed.
The appeal regarding entitlement to an initial evaluation greater than 40 percent for service-connected radiculopathy of the right upper extremity (RUE) is dismissed.
The appeal regarding entitlement to an initial evaluation greater than 30 percent for service-connected radiculopathy of the left upper extremity (LUE) is dismissed.
The appeal regarding entitlement to an initial evaluation greater than 20 percent for service-connected radiculopathy of the right lower extremity (RLE) is dismissed.
The appeal regarding for entitlement to an initial evaluation greater than 20 percent for service-connected radiculopathy of the left lower extremity (LLE) is dismissed. 
FINDING OF FACT
In a November 14, 2018 letter to the Board, and prior to the promulgation of a decision in this appeal, the Veteran, through his attorney, withdrew the claim on appeal for an increased evaluation for the service connected anxiety disorder NOS with panic disorder without agoraphobia; and the claims on appeal for higher initial evaluations for service-connected radiculopathy of the R&LUEs associated with service-connected cervical spondylosis and for service-connected radiculopathy of the R&LLEs associated with service-connected lumbar spine OA, spondylosis, and DDD.  
CONCLUSIONS OF LAW
1. The criteria for withdrawal have been met for the issue of entitlement to an evaluation greater than 30 percent for service-connected anxiety disorder NOS with panic disorder without agoraphobia.  38 U.S.C. § 7105(b)(2), (d)(5) (2012); 38 C.F.R. § 20.204 (2018).
2. The criteria for withdrawal have been met for the issue of entitlement to an initial evaluation greater than 40 percent for service-connected radiculopathy of the RUE.  38 U.S.C. § 7105(b)(2), (d)(5) (2012); 38 C.F.R. § 20.204 (2018).
3. The criteria for withdrawal have been met for the issue of entitlement to an initial evaluation greater than 30 percent for service-connected radiculopathy of the LUE.  38 U.S.C. § 7105(b)(2), (d)(5) (2012); 38 C.F.R. § 20.204 (2018).
4. The criteria for withdrawal have been met for the issue of entitlement to an initial evaluation greater than 20 percent for service-connected radiculopathy of the RLE.  38 U.S.C. § 7105(b)(2), (d)(5) (2012); 38 C.F.R. § 20.204 (2018).
5. The criteria for withdrawal have been met for the issue of entitlement to an initial evaluation greater than 20 percent for service-connected radiculopathy of the LLE.  38 U.S.C. § 7105(b)(2), (d)(5) (2012); 38 C.F.R. § 20.204 (2018).
REASONS AND BASES FOR FINDING AND CONCLUSIONS
The Veteran served in the U.S. Army from December 1983 to December 2003.  
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 Veteran or by his authorized representative.  38 C.F.R. § 20.204. 
In a statement received by the Board in November 2018, the Veteran’s attorney withdrew from appellate consideration the issues of a higher evaluation for the service-connected anxiety disorder NOS with panic disorder without agoraphobia, of higher initial evaluations for service-connected radiculopathy of the R&L UEs, and of higher initial evaluations for service-connected radiculopathy of the R&L LEs, and DDD.
Hence, there remain no allegations of errors of fact or law for appellate consideration of this appeal.  Accordingly, the Board does not have jurisdiction to review this appeal and it is dismissed.
 
WILLIAM H. DONNELLY
Veterans Law Judge
Board of Veterans’ Appeals
ATTORNEY FOR THE BOARD	L.J. Bakke, Counsel