Citation Nr: 1006941	
Decision Date: 02/25/10    Archive Date: 03/05/10

DOCKET NO.  06-24 777A	)	DATE
	)


On appeal from the decision of the 
Department of Veterans Affairs Regional Office in Waco, Texas


THE ISSUES

1.  Entitlement to an evaluation higher than 40 percent for 
the Veteran's service-connected low back disorder with 
limitation of motion and traumatic arthritis of the lumbar 
spine.

2.  Entitlement to an evaluation higher than 30 percent for 
the Veteran's service-connected residuals of a cervical spine 
injury with limitation of motion and traumatic arthritis.  


REPRESENTATION

Veteran represented by:	Texas Veterans Commission




ATTORNEY FOR THE BOARD

C. Ferguson, Counsel


INTRODUCTION

This matter arises before the Board of Veterans' Appeals 
(Board) on appeal from a September 2005 rating decision by 
the above Department of Veterans Affairs (VA) Regional Office 
(RO).  


FINDINGS OF FACT

1.	The Veteran in this case served on active duty from 
April 1974 to April 1994.

2.	On January 26, 2010, prior to the promulgation of a 
decision in the appeal, the Board received notification from 
the Veteran that a withdrawal of this appeal is requested.


CONCLUSION OF LAW

The criteria for withdrawal of an appeal by the Veteran have 
been met.  38 U.S.C.A. § 7105(b)(2), (d)(5) (West 2002); 
38 C.F.R. § 20.204 (2009).


REASONS AND BASES FOR FINDINGS AND CONCLUSION

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.A. § 7105 (West 2002).  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withdrawn as to any or all issues involved in the appeal at 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 (2009).  Withdrawal may be made by the appellant or 
by his or her authorized representative.  38 C.F.R. § 20.204.  

In the present case, the Veteran's representative sent to the 
Board by facsimile a letter written by the Veteran dated 
January 26, 2010, wherein he requested to have his appeal 
regarding the matters involving an increased rating for his 
service-connected lumbar and cervical spine disabilities 
withdrawn.  Because the Veteran has withdrawn this appeal, 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.


ORDER

The appeal is dismissed.



		
ANDREW J. MULLEN
	Veterans Law Judge, Board of Veterans' Appeals





 Department of Veterans Affairs