Citation Nr: 1303908	
Decision Date: 02/04/13    Archive Date: 02/08/13

DOCKET NO.  04-28 489A	)	DATE
	)


On appeal from the decision of the 
Department of Veterans Affairs Regional Office in Cleveland, Ohio


THE ISSUE

Entitlement to an increased rating for status post right total hip replacement (previously rated as Legg Perthes Disease, right hip), currently evaluated as 70 percent disabling.



REPRESENTATION

Appellant represented by:	Vietnam Veterans of America


INTRODUCTION

The Veteran had active military service from August 1968 to May 1971. 

This matter comes before the Board of Veterans' Appeals (Board) from an April 2003 rating decision of the Department of Veterans Affairs (VA), Regional Office (RO) in Cleveland, Ohio.  

This matter was previously before the Board in June 2006 when the Board denied the Veteran's claim.  The Veteran appealed the June 2006 Board decision to the United States Court of Appeals for Veterans Claims (Court).  In an Order dated in December 2007, the Court vacated the Board's June 2006 decision and remanded the case to the Board for development consistent with a Joint Motion for Remand (JMR).  This matter was again before the Board in August 2008 and February 2011 when the Board remanded it for further development.


FINDING OF FACT

On December 13, 2012, prior to the promulgation of a decision in the appeal, the Board received notification from the appellant, through his authorized representative, that a withdrawal of this appeal is requested.


CONCLUSION OF LAW

The criteria for withdrawal of an appeal by the appellant, through his authorized representative, have been met.  38 U.S.C.A. § 7105(b)(2), (d)(5) (West 2002); 38 C.F.R. § 20.204 (2012).


REASONS AND BASES FOR FINDING 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  An appeal may be withdrawn as to any or all issues involved in the appeal at any time before the Board promulgates a decision.  38 C.F.R. § 20.204 (2012).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  In the present case, the appellant, through his authorized representative, has withdrawn this appeal and, hence, there remains no allegation of error of fact or law for appellate consideration.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.




		
U. R. POWELL
	Veterans Law Judge, Board of Veterans' Appeals




Department of Veterans Affairs