Citation Nr: 18159402 Decision Date: 12/19/18 Archive Date: 12/19/18 DOCKET NO. 18-20 338 DATE: December 19, 2018 ORDER Entitlement to an effective date earlier than May 24, 2013 for the award of service connection for lumbosacral strain with intervertebral disc syndrome (IVDS) is dismissed. Entitlement to an initial rating in excess of 10 percent prior to May 9, 2017, and in excess of 40 percent thereafter, for lumbosacral strain with IVDS is dismissed. FINDINGS OF FACT 1. In correspondence received in October 2018, the Veteran’s attorney indicated that the Veteran wished to withdraw his appeal with respect to the claim of entitlement to an effective date earlier than May 24, 2013 for the award of service connection for lumbosacral strain with IVDS. 2. In correspondence received in October 2018, the Veteran’s attorney indicated that the Veteran wished to withdraw his appeal with respect to the claim of entitlement to an initial rating in excess of 10 percent prior to May 9, 2017, and in excess of 40 percent thereafter, for lumbosacral strain with IVDS. CONCLUSIONS OF LAW 1. The criteria for withdrawal of the appeal with respect to the claim of entitlement to an effective date earlier than May 24, 2013 for the award of service connectin for lumbosacral strain with IVDS have been met. 38 U.S.C. § 7105(b)(2), (d)(5); 38 C.F.R. § 20.204. 2. The criteria for withdrawal of the appeal with respect to the claim of entitlement to an initial rating in excess of 10 percent prior to May 9, 2017, and in excess of 40 percent thereafter, for lumbosacral strain with IVDS have been met. 38 U.S.C. § 7105(b)(2), (d)(5); 38 C.F.R. § 20.204. REASONS AND BASES FOR FINDINGS AND CONCLUSIONS The Veteran had active service from February 1941 to December 1960. This matter comes before the Board of Veterans’ Appeals (Board) from an August 2017 rating decision of the Department of Veterans Affairs (VA) Regional Office (RO) which, in pertinent part, granted service connection for lumbosacral strain with IVDS and assigned an initial 40 percent rating, effective May 9, 2017, and determined that new and material evidence had not been received to reopen a previously denied claim of service connection for bilateral hearing loss. In November 2017, the Veteran, through his attorney, filed a notice of disagreement with the denial of service connection for bilateral hearing loss, the initial rating and effective date assigned for lumbosacral strain with IVDS, and the failure to award service connection for right lower extremity radiculopathy, as secondary to the service-connected low back disability. Before the appeal was certified to the Board, in a February 2018 rating decision, the RO assigned an earlier effective date of May 24, 2013, for the award of service connection for lumbosacral strain with IDVS and assigned an initial 10 percent rating for that disability from that date, granted service connection for radiculopathy, right lower extremity and assigned an initial 20 percent rating, effective May 9, 2017, and granted service connection for bilateral hearing loss and assigned an initial 20 percent rating, effective May 9, 2017. This rating decision constitutes a full grant of benefits sought on appeal with respect to the claim of entitlement to service connection for bilateral hearing loss and right lower extremity radiculopathy. Grantham v. Brown, 114 F.3d 1156, 1158 (Fed. Cir. 1997) (holding that a separate notice of disagreement must be filed to initiate appellate review of “downstream” elements such as the disability rating or effective date assigned). The record currently available to the Board contains no indication that the Veteran has formally initiated an appeal with any downstream issue. Thus, those issues are not currently in appellate status. In a letter received October 31, 2018, the Veteran’s attorney indicated that the Veteran wished to withdraw the remaining issues on appeal his appeal, i.e. those listed on the cover page of this decision. Withdrawal of Claims Under applicable criteria, 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 as to any or all issues involved in the 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 a Veteran or by his or her authorized representative. Id. In the present case, in correspondence received in October 2018, the Veteran’s attorney indicated that the Veteran wished to withdraw the appeal of all of the issues on appeal. Currently, the issues on appeal are the claim of entitlement to an effective date earlier than May 24, 2013 for the award of service connection for lumbosacral strain with IVDS and the claim of entitlement to an initial rating in excess of 10 percent prior to May 9, 2017, and in excess of 40 percent thereafter, for lumbosacral strain with IVDS. The Board finds that the withdrawal is explicit and unambiguous. Moreover, the Veteran is represented by counsel and the withdrawal was therefore done with a full understanding of the consequences of such action. DeLisio v. Shinseki, 25 Vet. App. 45, 57 (2011); 38 C.F.R. § 20.204. Hence, there remain no allegations of fact or law for appellate consideration with respect to these claims. Under these circumstances, these issues are no longer within the Board’s jurisdiction. See Hamilton v. Brown, 4 Vet. App. 528 (1993) (en banc) aff’d, 39 F.3d 1574 (Fed. Cir. 1994) (holding that the Board is without the authority to proceed on an issue if the claimant indicates that consideration of that issue should cease). Accordingly, the Board does not have jurisdiction to review the appeal of these issues, and they are dismissed. K. Conner Veterans Law Judge Board of Veterans’ Appeals ATTORNEY FOR THE BOARD H. Yun, Associate Counsel