Citation Nr: 18155128 Decision Date: 12/04/18 Archive Date: 12/03/18 DOCKET NO. 16-49 474 DATE: December 4, 2018 ORDER The issue of service connection for a low back disability is dismissed. The issue of service connection for an arthritis disability of the whole body is dismissed. The issue of service connection for a psychiatric disability, to include depression, to include as secondary to a low back disability, is dismissed. The issue of service connection for bilateral restless leg syndrome is dismissed. The issue of a compensable rating for residuals of syphilis is dismissed. FINDING OF FACT Prior to the promulgation of a Board decision, the Veteran’s attorney withdrew in writing the Veteran’s appeal of the issues of service connection for a low back disability; arthritis disability of the whole body; a psychiatric disability, to include depression, to include as secondary to a low back disability; bilateral restless leg syndrome; and a compensable rating for residuals of syphilis. CONCLUSIONS OF LAW 1. The criteria for withdrawal of the appeal of the issue of a low back disability have been met. 38 U.S.C. § 7105(b)(2), (d)(5); 38 C.F.R. §§ 20.202, 20.204. 2. The criteria for withdrawal of the appeal of the issue of an arthritis disability of the whole body have been met. 38 U.S.C. § 7105(b)(2), (d)(5); 38 C.F.R. §§ 20.202, 20.204. 3. The criteria for withdrawal of the appeal of the issue of a psychiatric disability, to include depression, to include as secondary to a low back disability, have been met. 38 U.S.C. § 7105(b)(2), (d)(5); 38 C.F.R. §§ 20.202, 20.204. 4. The criteria for withdrawal of the appeal of the issue of a bilateral restless leg syndrome have been met. 38 U.S.C. § 7105(b)(2), (d)(5); 38 C.F.R. §§ 20.202, 20.204. 5. The criteria for withdrawal of the appeal of the issue of a compensable rating for residuals of syphilis have been met. 38 U.S.C. § 7105(b)(2), (d)(5); 38 C.F.R. §§ 20.202, 20.204. REASONS AND BASES FOR FINDING AND CONCLUSIONS The Veteran served on active duty from March 1966 to February 1969. This appeal is before the Board of Veterans’ Appeals (Board) from a July 2014 rating decision of a Department of Veterans Affairs (VA) Regional Office (RO). 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. A substantive appeal may be withdrawn on the record at a hearing or in writing at any time before the Board promulgates a decision. 38 C.F.R. § 20.202, 20.204. Withdrawal may be made by the appellant or by his or her authorized representative. 38 C.F.R. § 20.204. Here, in a statement received by VA in November 2018, the Veteran’s attorney informed the Board that the Veteran was requesting to withdrew his appeal of the issues of service connection for a low back disability, arthritis disability of the whole body, a psychiatric disability, to include depression, to include as secondary to a low back disability, bilateral restless leg syndrome, and a compensable rating for residuals of syphilis; the Veteran’s attorney asked for the claims to be withdrawn in accordance with the Veteran’s request. Hence, there remain no allegations of errors of fact or law for appellate consideration regarding these claims, the Board has no jurisdiction to review them, and they are dismissed. As a final matter, the Board notes that, in the same November 2018 statement withdrawing the Veteran’s appeal, his attorney made a motion to withdraw services as the Veteran’s representative due to differences affecting the attorney’s ability to ethically represent the Veteran. However, given that the Veteran and his attorney are withdrawing the appeal in its entirety, good cause has not been shown for withdrawal of the attorney’s services as representative at this point in the appeal, and such representation is not considered withdrawn at this point. See 38 C.F.R. § 20.608(b). As there are no further matters for which the Veteran’s attorney represents the Veteran before the Board, the attorney may now move to withdraw from representation in accordance with 38 C.F.R. § 14.631(c). JONATHAN B. KRAMER Veterans Law Judge Board of Veterans’ Appeals ATTORNEY FOR THE BOARD Andrew Mack, Counsel