Citation Nr: 18156430 Decision Date: 12/10/18 Archive Date: 12/10/18 DOCKET NO. 15-25 082 DATE: December 10, 2018 ORDER Whether new and material evidence has been submitted to reopen the claim of entitlement to service connection for left knee strain is dismissed. Whether new and material evidence has been submitted to reopen the claim of entitlement to service connection for left shin stress fracture is dismissed. Entitlement to an evaluation in excess of 10 percent for service-connected right knee degenerative joint disease is dismissed. Entitlement to an evaluation in excess of 10 percent for service-connected calcaneal spur of the left heel is dismissed. Entitlement to an evaluation in excess of 10 percent for service-connected calcaneal spur of the right heel is dismissed. Entitlement to an evaluation in excess of 20 percent for service-connected cervical spine strain is dismissed. Entitlement to an evaluation in excess of 20 percent for service-connected lumbar spine degenerative disc disease is dismissed. Entitlement to a compensable evaluation of hammertoes of the right foot is dismissed. Entitlement to an evaluation in excess of 50 percent for the service-connected migraines is dismissed. Entitlement to a total disability evaluation based on individual unemployability is dismissed. FINDING OF FACT In October 2018, prior to the promulgation of a decision in the appeal, the Board received notification from the Veteran that a withdrawal of his appeals for whether new and material evidence has been submitted to reopen the claims of service connection for a left knee strain and left knee shin stress fracture, entitlement to increased ratings for bilateral calcaneal heel spurs, right knee strain, cervical spine strain, lumbar degenerative disc disease, migraines, hammertoes of the right foot and entitlement to TDIU, is requested. CONCLUSIONS OF LAW 1. The criteria for withdrawal of the issue of whether new and material evidence has been submitted to reopen the claim of service connection for left knee strain have been met. 38 U.S.C. § 7105(b)(2), (d)(5) (2012); 38 C.F.R. § 20.204 (2018). 2. The criteria for withdrawal of the issue of whether new and material evidence has been submitted to reopen the claim of service connection for left shin stress fracture have been met. 38 U.S.C. § 7105 (b)(2), (d)(5) (2012); 38 C.F.R. § 20.204 (2018). 3. The criteria for withdrawal of the issue of entitlement to an evaluation in excess of 10 percent for service-connected right knee degenerative joint disease have been met. 38 U.S.C. § 7105(b)(2), (d)(5) (2012); 38 C.F.R. § 20.204 (2018). 4. The criteria for withdrawal of the issue of entitlement to an evaluation in excess of 10 percent for service connected calcaneal spur of the bilateral heels have been met. 38 U.S.C. § 7105(b)(2), (d)(5) (2012); 38 C.F.R. § 20.204 (2018). 5. The criteria for withdrawal of the issue of entitlement to an evaluation in excess of 20 percent for cervical spine strain have been met. 38 U.S.C. § 7105(b)(2), (d)(5) (2012); 38 C.F.R. § 20.204 (2018). 6. The criteria for withdrawal of the issue of entitlement to an evaluation in excess of 20 percent for lumbar degenerative disc disease have been met. 38 U.S.C. § 7105(b)(2), (d)(5) (2012); 38 C.F.R. § 20.204 (2018). 7. The criteria for withdrawal of the issue of entitlement to a compensable evaluation for hammertoes of the right foot have been met. 38 U.S.C. § 7105(b)(2), (d)(5) (2012); 38 C.F.R. § 20.204 (2018). 8. The criteria for withdrawal of the issue of entitlement to an evaluation in excess of 50 percent for migraine headaches have been met. 38 U.S.C. § 7105(b)(2), (d)(5) (2012); 38 C.F.R. § 20.204 (2018). 9. The criteria for withdrawal of the issue of entitlement to TDIU have been met. 38 U.S.C. § 7105(b)(2), (d)(5) (2012); 38 C.F.R. § 20.204 (2018). REASONS AND BASES FOR FINDINGS AND CONCLUSIONS The Veteran served on active duty from May 2006 to August 2010. This matter comes before the Board of Veterans’ Appeals (Board) on appeal from decisions of the Department of Veterans Affairs (VA) Regional Office (RO). The Board notes that the claim of entitlement to an increased evaluation for posttraumatic stress disorder (PTSD) in excess of 50 percent was also on appeal, but that such was increased to 100 percent effective from the date of claim in a June 2018 rating decision. Therefore, this is considered a full grant of benefits and entitlement to an increased evaluation for service connected PTSD will not be addressed further herein. 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 (2018). Withdrawal may be made by the Veteran or by his or her authorized representative. 38 C.F.R. § 20.204. In the present case, the Veteran, in an October 2018 statement, has withdrawn the appeals of whether new and material evidence has been submitted to reopen the claims of service connection for a left knee strain and left knee shin stress fracture, entitlement to increased ratings for bilateral calcaneal heel spurs, right knee strain, cervical spine strain, lumbar degenerative disc disease, migraines, hammertoes of the right foot and entitlement to TDIU. Hence, there remain no allegations of errors of fact or law for appellate consideration. Accordingly, the Board does not have jurisdiction to review the appeals of these issues and they are dismissed. S. HENEKS Veterans Law Judge Board of Veterans’ Appeals ATTORNEY FOR THE BOARD N. Kamal, Associate Counsel