Citation Nr: 1237490	
Decision Date: 11/01/12    Archive Date: 11/09/12

DOCKET NO.  06-34 156A	)	DATE
	)
	)

On appeal from the
Department of Veterans Affairs Regional Office in Detroit, Michigan


THE ISSUES

1.  Entitlement to an initial rating in excess of 40 percent for spinal fusion with a history of back injury resulting in a fractured spine.

2.  Entitlement to an initial rating in excess of 40 percent for left leg radiculopathy.


REPRESENTATION

Veteran represented by:	Vietnam Veterans of America


ATTORNEY FOR THE BOARD

V. Chiappetta, Counsel




INTRODUCTION

The Veteran served on active duty in the United States Marine Corps from September 2001 to September 2005.

This matter is before the Board of Veterans' Appeals (the Board) on appeal of an April 2006 rating decision issued by the Department of Veterans Affairs (VA) Regional Office (RO) in Detroit, Michigan.  In that decision, the RO awarded the Veteran service connection for spinal fusion with a history of back injury resulting in a fractured spine and for left leg radiculopathy, each evaluated as 40 percent disabling.  The Veteran disagreed with these assigned initial ratings, and perfected an appeal as to both issues.

In a March 2011 decision, the Board remanded the Veteran's claims for additional evidentiary development.  Such was achieved, and the Appeals Management Center (AMC) readjudicated the claims in a March 2012 supplemental statement of the case (SSOC).  The Veteran's claims file has been returned to the Board for further appellate review.


FINDING OF FACT

In correspondence received by the Board in August 2012, the Veteran's representative specifically indicated that the Veteran wished to withdraw his requests for higher initial disability ratings for his service-connected spinal fusion with a history of back injury resulting in a fractured spine, and for left leg radiculopathy.


CONCLUSION OF LAW

The criteria for a withdrawal of the Veteran's substantive appeal have been met as to his claims of entitlement to higher initial disability ratings for service-connected spinal fusion with a history of back injury resulting in a fractured spine, and for left leg radiculopathy.  38 U.S.C.A. § 7105(b)(2), (d)(5) (West 2002); 38 C.F.R.          §§ 20.200, 20.202, 20.204 (2012).


REASONS AND BASES FOR FINDING AND CONCLUSION

As noted above, the Veteran has perfected appeals as to his initial disability ratings for spinal fusion with a history of back injury resulting in a fractured spine, and for left leg radiculopathy.  Notably, in correspondence addressed to the Board dated on August 20, 2012, the Veteran's representative indicated that he had spoken with the Veteran, and that the Veteran no longer wishes to appeal these two issues.  The Veteran's representative specifically stated that he "withdraw[s] his current claim on appeal pending before the Board."  See the August 20, 2012 letter from the Veteran's representative to the Board.

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 (2012).  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 representative, with the consent of the Veteran, has withdrawn this appeal in its entirety and, hence, 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.


____________________________________________
DAVID L. WIGHT
Veterans Law Judge, Board of Veterans' Appeals

Department of Veterans Affairs