Citation Nr: 18155609
Decision Date: 12/04/18	Archive Date: 12/04/18

DOCKET NO. 15-27 903
DATE:	December 4, 2018
ORDER
The issue of whether the reduction in the Veteran’s disability rating for degenerative joint disease (DJD) and degenerative disc disease (DDD) of the cervical spine with chronic pain syndrome from 30 percent to 10 percent disabling, effective September 1, 2012, was proper is dismissed.
FINDING OF FACT
After consulting with the Veteran, his representative, with permission from the Veteran, withdrew the claim on appeal in a February 2017 written statement.  
CONCLUSION OF LAW
The criteria for withdrawal of a substantive appeal on the issue of whether the reduction in the Veteran’s disability rating for DJD and DDD of the cervical spine with chronic pain syndrome from 30 percent to 10 percent disabling, effective September 1, 2012, was proper have been met.  38 U.S.C. § 7105(b)(2), (d)(5) (2012); 38 C.F.R. § 20.204 (2017).
REASONS AND BASES FOR FINDING AND CONCLUSION
The Veteran had active duty service from February 1972 to March 1978.  
The Board may dismiss any claim that fails to allege a specific error of fact or law in the decision being appealed.  38 U.S.C. § 7105.  An appeal may be withdrawn as to any or all of the issues on appeal at any time before the Board promulgates a decision.  38 C.F.R. § 20.204.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 or her authorized representative.  Id. 
The Veteran’s authorized representative submitted a written statement in February 2017, indicating that the representative had spoken with the Veteran regarding the appeal for the “issue of increase of service[-]connected cervical spine,” which the representative noted was rated at 10 percent disabling.  The representative reported that the Veteran wanted to withdraw the issue on appeal because he was receiving a combined 80 percent evaluation, as well as a total disability rating based on individual unemployability due to service-connected disabilities (TDIU).  The representative faxed over this written statement in support of claim with a facsimile cover sheet indicating that this was a withdrawal of the appeal.  
Although the representative indicated that the Veteran wanted to withdraw the issue of an increase for the service-connected cervical spine disability, the record shows that the only matter on appeal is the issue of whether the reduction in the Veteran’s disability rating for DJD and DDD of the cervical spine with chronic pain syndrome from 30 percent to 10 percent disabling, effective September 1, 2012, was proper.  Thus, there are no allegations of errors of fact or law for appellate consideration.  38 C.F.R. § 20.202 (2017).  The Board does not have jurisdiction to review this claim, and the appeal is therefore dismissed.
 
A. P. SIMPSON
Veterans Law Judge
Board of Veterans’ Appeals
ATTORNEY FOR THE BOARD	A. Hodzic, Counsel