Citation Nr: 18132306
Decision Date: 09/06/18	Archive Date: 09/06/18

DOCKET NO. 16-06 662
DATE:	September 6, 2018
ORDER
Entitlement to a rating in excess of 40 percent for service-connected lumbosacral and thoracic spine strain, degenerative disc disease, degenerative joint disease, is dismissed.  
FINDING OF FACT
On September 11, 2017, prior to the promulgation of a decision in the appeal, the Veteran requested withdrawal of his claim on appeal, entitlement to a rating in excess of 40 percent for service-connected lumbosacral and thoracic spine strain, degenerative disc disease, degenerative joint disease.
CONCLUSION OF LAW
The criteria for withdrawal of a substantive appeal on the issue of entitlement to a rating in excess of 40 percent for service-connected lumbosacral and thoracic spine strain, degenerative disc disease, degenerative joint disease, have been met.  38 U.S.C. § 7105; 38 C.F.R. § 20.204. 
REASONS AND BASES FOR FINDING AND CONCLUSION
The Veteran served on active duty from August 1, 1994, to December 20, 1994.
Withdrawal
Under 38 U.S.C. § 7105, the Board may dismiss any appeal which fails to allege specific error of fact or law in the determination being appealed.  Withdrawal of an appeal may be made by the appellant or by his authorized representative prior to the Board’s issuance of a final decision.  38 C.F.R. § 20.204.  Until the appeal is transferred to the Board, a withdrawal of an appeal is effective when received by the agency of original jurisdiction.  Thereafter, it is not effective until received by the Board. 
On September 11, 2017, the Veteran submitted an Appeals Satisfaction Notice, withdrawing his claim remaining on appeal, entitlement to a rating in excess of 40 percent for service-connected lumbosacral and thoracic spine strain, degenerative disc disease, degenerative joint disease. 
The Board therefore finds that the Veteran had withdrawn his appeal as to this issue.  The withdrawal was made in the form and manner required by 38 C.F.R. 20.204.  The filing, then, effectively withdrew the relevant notice of disagreement (NOD) and substantive appeal; accordingly, no allegation of error of fact or law remains before the Board for consideration with regard to this issue.  


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The Board, therefore, does not have jurisdiction over the appeal of this claim of entitlement to a rating in excess of 40 percent for service-connected lumbosacral and thoracic spine strain, degenerative disc disease, degenerative joint disease, and the appeal must be dismissed.

 
P.M. DILORENZO
Veterans Law Judge
Board of Veterans’ Appeals
ATTORNEY FOR THE BOARD	M. Purdum 

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