Citation Nr: 0813046 Decision Date: 04/21/08 Archive Date: 05/01/08 DOCKET NO. 04-31 511 ) DATE ) ) On appeal from the Department of Veterans Affairs Regional Office in Los Angeles, California THE ISSUES 1. Entitlement to an evaluation in excess of 10 percent for chondromalacia of the left patella. 2. Entitlement to an evaluation in excess of 20 percent for degenerative disc disease of the lumbar spine with spondylolisthesis. REPRESENTATION Appellant represented by: Disabled American Veterans WITNESS AT HEARING ON APPEAL The Appellant ATTORNEY FOR THE BOARD Stephen F. Sylvester, Counsel INTRODUCTION The veteran served on active duty from April 1964 to December 1966. This case comes before the Board of Veterans' Appeals (Board) on appeal of various rating decisions by the Department of Veterans Affairs (VA) Regional Office (RO) in Los Angeles, California. Based on evidence contained in the file, it would appear that the veteran has chosen not to perfect his appeal as to the issue of an increased rating for his service-connected right knee disability. Accordingly, that issue is not currently before the Board. Moreover, in correspondence of March 2008, the veteran (and his accredited representative) indicated that they wished to withdraw from consideration both of the issues currently on appeal. Accordingly, those issues will be dismissed. FINDING OF FACT In correspondence of March 2008, and prior to the promulgation of a decision by the Board, the veteran and his accredited representative requested withdrawal of the issues of increased evaluations for service-connected chondromalacia of the left patella and degenerative disc disease of the lumbar spine with spondylolisthesis. CONCLUSION OF LAW The criteria for withdrawal of the veteran's Substantive Appeal on the issues of increased evaluations for service- connected chondromalacia of the left patella and degenerative disc disease of the lumbar spine with spondylolisthesis have been met. 38 U.S.C.A. §§ 5103(a), 5103A, 7105(b)(2), (d)(5) (West 2002); 38 C.F.R. §§ 20.202, 20.204(b)(c) (2007). REASONS AND BASES FOR FINDING AND CONCLUSION Under 38 U.S.C.A. § 7105 (West 2002), the Board may dismiss any appeal which fails to allege specific error of fact or law in the determination being appealed. A Substantive Appeal may be withdrawn in writing at any time before the Board promulgates a decision. 38 C.F.R. §§ 20.202, 20.204(b) (2007). Except for appeals withdrawn on the record at a hearing, appeal withdrawals must be in writing. 38 C.F.R. § 20.204(c) (2007). In correspondence of March 2008, both the veteran and his accredited representative indicated that they wished to withdraw from consideration the issues of entitlement to increased evaluations for service-connected chondromalacia of the left patella and degenerative disc disease of the lumbar spine with spondylolisthesis. As the veteran has withdrawn his appeal as to those issues, there remain no allegations of errors of fact or law for appellate consideration. Accordingly, the Board does not have jurisdiction to review the appeal on those issues, and they are dismissed without prejudice. ORDER The appeal for an increased evaluation for service-connected chondromalacia of the left patella is dismissed. The appeal for an increased evaluation for service-connected degenerative disc disease of the lumbar spine with spondylolisthesis is dismissed. ____________________________________________ C. CRAWFORD Veterans Law Judge, Board of Veterans' Appeals Department of Veterans Affairs