Citation Nr: 18157653 Decision Date: 12/13/18 Archive Date: 12/13/18 DOCKET NO. 15-09 674 DATE: December 13, 2018 ORDER The appeal seeking entitlement to an initial rating in excess of 10 percent for a herniated disc is dismissed. The appeal seeking entitlement to an initial compensable rating for bursitis, left knee claimed as a bilateral knee condition prior to January 26, 2016 and in excess of 10 percent thereafter is dismissed. The appeal seeking entitlement to an initial compensable rating for bursitis, right knee claimed as a bilateral knee condition prior to January 26, 2016 and in excess of 10 percent thereafter is dismissed. The appeal seeking entitlement to an initial rating in excess of 10 percent for sciatica of the left lower extremity is dismissed. FINDING OF FACT On April 19, 2018, prior to the promulgation of a decision in the appeal, the Board received written notification from the Veteran through his representative that was withdrawing his claims for an initial evaluation in excess of 10 percent for a herniated disc; an initial compensable rating for bursitis, left knee claimed as a bilateral knee condition prior to January 26, 2016 and in excess of 10 percent thereafter; an initial compensable rating for bursitis, right knee claimed as a bilateral knee condition prior to January 26, 2016 and in excess of 10 percent thereafter; and an initial rating in excess of 10 percent for sciatica of the left lower extremity; there are no questions of fact or law remaining before the Board in these matters. CONCLUSIONS OF LAW 1. Regarding the claim of entitlement to an initial rating in excess of 10 percent for a herniated disc, the criteria for withdrawal of an appeal by the Veteran are met; the Board has no further jurisdiction in this matter. 38 U.S.C. § 7105(b)(2), (d)(5) (2012); 38 C.F.R. §§ 20.202, 20.204 (2018). 2. Regarding the claim of entitlement to an initial compensable rating for bursitis, left knee claimed as a bilateral knee condition prior to January 26, 2016 and in excess of 10 percent thereafter, the criteria for withdrawal of an appeal by the Veteran are met; the Board has no further jurisdiction in this matter. 38 U.S.C. § 7105(b)(2), (d)(5) (2012); 38 C.F.R. §§ 20.202, 20.204 (2018). 3. Regarding the claim of entitlement to an initial compensable rating for bursitis, right knee claimed as a bilateral knee condition prior to January 26, 2016 and in excess of 10 percent thereafter, the criteria for withdrawal of an appeal by the Veteran are met; the Board has no further jurisdiction in this matter. 38 U.S.C. § 7105(b)(2), (d)(5) (2012); 38 C.F.R. §§ 20.202, 20.204 (2018). 4. Regarding the claim of entitlement to an initial rating in excess of 10 percent for sciatica of the left lower extremity, the criteria for withdrawal of an appeal by the Veteran are met; the Board has no further jurisdiction in this matter. 38 U.S.C. § 7105(b)(2), (d)(5) (2012); 38 C.F.R. §§ 20.202, 20.204 (2018). REASONS AND BASES FOR FINDING AND CONCLUSIONS The Veteran had active service from August 2007 through May 2010. This case comes before the Board of Veterans’ Appeals (Board) on appeal of an January 2013 rating decision of the Department of Veterans Affairs (VA) Regional Office (RO). Pursuant to a request in the Veteran’s March 2015 VA Form 9, substantive appeal, a hearing before the Board was scheduled for April 2018. In correspondence dated March 2018, the Veteran through his representative requested to have his hearing before the Board cancelled. Thus, the hearing request is deemed withdrawn. 38 C.F.R. § 20.704 (2018). DISMISSAL Entitlement to an initial rating in excess of 10 percent for a herniated disc, entitlement to an initial compensable rating for bursitis, left knee and bursitis, right knee claimed as a bilateral knee condition prior to January 26, 2016 and in excess of 10 percent thereafter, and entitlement to an initial rating in excess of 10 percent for sciatica of the left lower extremity. The Board has jurisdiction where there is a question of law or fact on appeal to the Secretary. 38 U.S.C. § 7104; 38 C.F.R. § 20.101. Under 38 U.S.C. § 7105, the Board may dismiss any appeal which fails to allege a specific error of fact or law in the determination being appealed. 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 (a). Unless an appeal is withdrawn on the record at a hearing, a veteran or a representative of a veteran must file a written document withdrawing an appeal. 38 C.F.R. § 20.204 (b)(1). A withdrawal becomes effective when it is received by the Board. 38 C.F.R. § 20.204 (b)(3). Here, the Veteran through his representative filed a written document withdrawing the appeal of his claims for an initial rating in excess of 10 percent for a herniated disc, entitlement to an initial compensable rating for bursitis, left knee and bursitis, right knee claimed as a bilateral knee condition prior to January 26, 2016 and in excess of 10 percent thereafter, and entitlement to an initial rating in excess of 10 percent for sciatica of the left lower extremity. It was received by VA on April 19, 2018. The document contains the Veteran’s name, claims file number, and a statement indicating that he wished to withdraw all issues on appeal. It is signed on behalf of the Veteran by his representative. When pending appeals are withdrawn, there is no longer an allegation of error of fact or law with respect to the decision below. In such circumstances, dismissal of the appeal is appropriate. 38 U.S.C. § 7105(d)(5). Consequently, the Board finds that the Veteran’s appeals for an initial rating in excess of 10 percent for a herniated disc, entitlement to an initial compensable rating for bursitis, left knee and bursitis, right knee claimed as a bilateral knee condition prior to January 26, 2016 and in excess of 10 percent thereafter, and entitlement to an initial rating in excess of 10 percent for sciatica of the left lower extremity, were withdrawn and the withdrawal of the appeal was effective on April 19, 2018 (the day the withdrawal was received by VA). Therefore, the Veteran’s claims on appeal are dismissed. A. ISHIZAWAR Veterans Law Judge Board of Veterans’ Appeals ATTORNEY FOR THE BOARD J. Alexander, Associate Counsel