Citation Nr: 21061496 Decision Date: 10/04/21 Archive Date: 10/04/21 DOCKET NO. 20-22 436 DATE: October 4, 2021 ORDER Entitlement to an effective date earlier than June 28, 2017 for the grant of service connection for degenerative arthritis of the spine with intervertebral disc syndrome (IVDS) is dismissed. Entitlement to an effective date earlier than June 28, 2017 for the grant of service connection for left lower extremity radiculopathy is dismissed. Entitlement to an effective date earlier than June 28, 2017 for grant of service connection for right lower extremity radiculopathy is dismissed. Entitlement to an effective date earlier than June 28, 2017 for the grant of service connection for bilateral hearing loss is dismissed. Entitlement to an effective date earlier than June 28, 2017 for the grant of entitlement to service connection for center of back surgical scar is dismissed. Entitlement to an initial rating in excess of 10 percent for degenerative arthritis of the spine with IVDS is dismissed. Entitlement to an initial rating in excess of 20 percent for left lower extremity radiculopathy is dismissed. Entitlement to an initial rating in excess of 10 percent for right lower extremity radiculopathy is dismissed. Entitlement to an initial compensable rating for center of back surgical scar is dismissed. Entitlement to an initial compensable rating for left shoulder surgical scar is dismissed. Entitlement to an initial compensable rating for bilateral hearing loss is dismissed. Entitlement to a compensable rating for a seizure disorder is dismissed. Entitlement to a rating in excess of 20 percent for acromioclavicular (AC) joint separation of the left shoulder is dismissed. Entitlement to service connection for a brain tumor is dismissed. Entitlement to service connection for hypertension is dismissed. Entitlement to service connection for a cervical spine disorder is dismissed. Entitlement to service connection for migraines is dismissed. FINDING OF FACT In April 12, 2021 and September 20, 2021 submissions, the Veteran's attorney indicated that the Veteran was withdrawing all issues appealed on the VA Form 9 substantive appeals submitted by the Veteran as characterized on the cover page of this decision. CONCLUSIONS OF LAW 1. The criteria for withdrawal for an effective date earlier than June 28, 2017 for the grant of service connection for degenerative arthritis of the spine with IVDS have been met. 38 U.S.C. § 7105; 38 C.F.R. § 19.55. 2. The criteria for withdrawal for an effective date earlier than June 28, 2017 for the grant of service connection for left lower extremity radiculopathy have been met. 38 U.S.C. § 7105; 38 C.F.R. § 19.55. 3. The criteria for withdrawal for an effective date earlier than June 28, 2017 for the grant service connection for right lower extremity radiculopathy have been met. 38 U.S.C. § 7105; 38 C.F.R. § 19.55. 4. The criteria for withdrawal for an effective date earlier than June 28, 2017 for the grant of service connection for bilateral hearing loss have been met. 38 U.S.C. § 7105; 38 C.F.R. § 19.55. 5. The criteria for withdrawal for an effective date earlier than June 28, 2017 for the grant of service connection for center of back surgical scar have been met. 38 U.S.C. § 7105; 38 C.F.R. § 19.55. 6. The criteria for withdrawal for entitlement to an initial rating in excess of 10 percent for degenerative arthritis of the spine with IVDS have been met. 38 U.S.C. § 7105; 38 C.F.R. § 19.55. 7. The criteria for withdrawal for entitlement to an initial rating in excess of 20 percent for left lower extremity radiculopathy have been met. 38 U.S.C. § 7105; 38 C.F.R. § 19.55. 8. The criteria for withdrawal for entitlement to an initial rating in excess of 10 percent for right lower extremity radiculopathy have been met. 38 U.S.C. § 7105; 38 C.F.R. § 19.55. 9. The criteria for withdrawal for entitlement to an initial compensable rating for center of back surgical scar have been met. 38 U.S.C. § 7105; 38 C.F.R. § 19.55. 10. The criteria for withdrawal for entitlement to an initial compensable rating for left shoulder surgical scar have been met. 38 U.S.C. § 7105; 38 C.F.R. § 19.55. 11. The criteria for withdrawal for entitlement to an initial compensable rating for bilateral hearing loss have been met. 38 U.S.C. § 7105; 38 C.F.R. § 19.55. 12. The criteria for withdrawal for entitlement to a compensable rating for a seizure disorder have been met. 38 U.S.C. § 7105; 38 C.F.R. § 19.55. 13. The criteria for withdrawal for entitlement to a rating in excess of 20 percent for AC joint separation of the left shoulder have been met. 38 U.S.C. § 7105; 38 C.F.R. § 19.55. 14. The criteria for withdrawal for entitlement to service connection for a brain tumor have been met. 38 U.S.C. § 7105; 38 C.F.R. § 19.55. 15. The criteria for withdrawal for entitlement to service connection for hypertension have been met. 38 U.S.C. § 7105; 38 C.F.R. § 19.55. 16. The criteria for withdrawal for entitlement to service connection for a neck disorder have been met. 38 U.S.C. § 7105; 38 C.F.R. § 19.55. 17. The criteria for withdrawal for entitlement to service connection for a migraine disorder have been met. 38 U.S.C. § 7105; 38 C.F.R. § 19.55. REASONS AND BASES FOR FINDING AND CONCLUSIONS The Veteran served on active duty in the United States Marine Corps from September 1985 to June 1989. These matters come to the Board of Veterans' Appeals (Board) on appeal from a November 2017 and January 2018 rating decisions issued by the Department of Veterans Affairs (VA) Regional Office (RO). 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. § 19.55. Withdrawal may be made by the Veteran or by his/her authorized representative. 38 C.F.R. § 19.55. In April 12, 2021 and September 10, 2021 submissions, the Veteran's attorney indicated that the Veteran no longer wished to pursue his appeals, and wanted to withdrawal his appeals. 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. This request for withdrawal of the issues on appeal meets the content, form, and timing requirements of 38 C.F.R. § 19.55(b) and is, therefore, deemed a withdrawal of the claims. See 38 C.F.R. § 19.55(c); see also Hembree v. Wilkie, 33 Vet. App. 1 (2020). As a result, no allegation of error of fact or law remains before the Board for consideration with regard to this issues. Accordingly, the Board does not have jurisdiction over these issues, and the appeals are dismissed. KRISTY L. ZADORA Veterans Law Judge Board of Veterans' Appeals Attorney for the Board Mariah N. Sim, Counsel The Board's decision in this case is binding only with respect to the instant matter decided. This decision is not precedential and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.