Citation Nr: 1107768 Decision Date: 02/28/11 Archive Date: 03/09/11 DOCKET NO. 07-17 840 ) DATE ) ) On appeal from the Department of Veterans Affairs Regional Office in St. Petersburg, Florida THE ISSUE Entitlement to an evaluation in excess of 10 percent for status- post fracture, left tibia and fibula with posttraumatic changes to the left knee. REPRESENTATION Veteran represented by: The American Legion ATTORNEY FOR THE BOARD David Traskey, Associate Counsel INTRODUCTION The Veteran had verified active service from April 1985 to October 1988. This matter came before the Board of Veterans' Appeals (Board) on appeal from a decision of April 2006 by the Department of Veterans Affairs (VA) St. Petersburg, Florida, Regional Office (RO). The Veteran's representative submitted a statement dated January 2011 which raised the issue of entitlement to an evaluation in excess of 40 percent for vascular deficiency. The Veteran is service-connected for vascular deficiency and protuberant bony callus associated with recurrent pretibial wound infections, left lower extremity, associated with status-post fracture, left tibia and fibula with posttraumatic changes to the left knee. Accordingly, the Board construes the representative's January 2011 statement to be an informal claim for an increased rating on this disability. Therefore, the Board refers this issue for any appropriate action. FINDINGS OF FACT 1. On April 24, 2008, prior to the promulgation of a decision in the appeal, the Veteran requested withdrawal of the appeal for entitlement to an increased rating for a left knee disability. 2. The Board received this statement in June 2008, prior to promulgating a decision in this appeal. CONCLUSION OF LAW The criteria for withdrawal of a substantive appeal by the Veteran on the issue of entitlement to an evaluation in excess of 10 percent for status-post fracture, left tibia and fibula with posttraumatic changes to the left knee, are met. 38 U.S.C.A. § 7105(b)(2), (d)(5) (West 2002); 38 C.F.R. § 20.204 (2010). 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 An appeal may be withdrawn as to any or all issues involved in the appeal at any time before the Board promulgates a decision. 38 C.F.R. § 20.204 (2010). Withdrawal may be made by the Veteran or by his authorized representative. Id. On April 24, 2008, prior to the promulgation of a decision in the appeal, the Veteran requested withdrawal of the appeal for entitlement to an increased rating for a left knee disability. The Board subsequently received this statement in June 2008. Hence, there remain no allegations of errors of fact or law for appellate consideration. Accordingly, the Board does not have jurisdiction to review this appeal and it is dismissed. ORDER The appeal of entitlement to an evaluation in excess of 10 percent for status-post fracture, left tibia and fibula with posttraumatic changes to the left knee, is dismissed. ____________________________________________ S.S. TOTH Veterans Law Judge, Board of Veterans' Appeals Department of Veterans Affairs