Citation Nr: 18160664 Decision Date: 12/27/18 Archive Date: 12/27/18 DOCKET NO. 11-13 105 DATE: December 27, 2018 ORDER The appeal as to the issues of entitlement to an evaluation in excess of 20 percent for acromioclavicular separation with degenerative joint disease of the left shoulder (left shoulder disability) prior to February 16, 2011, and in excess of 50 percent thereafter, and an evaluation in excess of 20 percent for residuals of a fracture of C7 with sprain and degenerative disc disease of the cervical spine (cervical spine disability) prior to June 10, 2011, and in excess of 30 percent thereafter, is dismissed. FINDING OF FACT In correspondence received in September 2018, prior to the promulgation of any decision on appeal, the Board received notification from the Veteran that he wished to withdraw all of the items on appeal. CONCLUSION OF LAW The criteria for withdrawal of appeal as to the issues of entitlement to an evaluation in excess of 20 percent for his left shoulder disability prior to February 16, 2011, and in excess of 50 percent thereafter, and an evaluation in excess of 20 percent for his cervical spine disability prior to June 10, 2011, and in excess of 30 percent thereafter, have been met. 38 U.S.C. § 7105(b)(2), (d)(5); 38 C.F.R. § 20.204. REASONS AND BASES FOR FINDING AND CONCLUSIONS The Veteran served on active duty from March 1976 to March 1981. 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 An appeal may be withdrawn as to any or all issues involved in the appeal at any time before the Board promulgates a decision. 38 C.F.R. § 20.204. Withdrawal may be made by the appellant or by his or her authorized representative. 38 C.F.R. § 20.204. In the present case, in correspondence received in September 2018, the Board received notification from the Veteran that he wished to withdraw all of the items on appeal. As the Veteran withdrew the issues on appeal, there remain no allegations of errors of fact or law for appellate consideration. Accordingly, the Board does not have jurisdiction to review the appeal, and it is dismissed. MARTIN B. PETERS Acting Veterans Law Judge Board of Veterans’ Appeals ATTORNEY FOR THE BOARD D. Orfanoudis, Counsel
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