Citation Nr: 1304572	
Decision Date: 02/07/13    Archive Date: 02/19/13

DOCKET NO.  06-28 216A	)	DATE
	)


On appeal from the decision of the 
Department of Veterans Affairs Regional Office in Atlanta, Georgia


THE ISSUE

Entitlement to an increased rating for service-connected fibromyalgia, currently evaluated as 10 percent disabling prior to January 24, 2003, as 20 percent disabling from January 24, 2003 to April 1, 2010, and as 40 percent disabling thereafter.


REPRESENTATION

Appellant represented by:	Paralyzed Veterans of America, Inc.


ATTORNEY FOR THE BOARD

T. Stephen Eckerman, Counsel


INTRODUCTION

The Veteran had active service from June 1981 to October 2000.  

These matters come before the Board of Veterans' Appeals (BVA or Board) from a September 2004 rating decision of the Department of Veterans Affairs (VA), Regional Office (RO) in Atlanta, Georgia, which granted the Veteran's claim for an increased rating for her service-connected fibromyalgia, to the extent that it assigned a 10 percent rating, with an effective date of December 30, 2003.  The Veteran appealed.  By a rating action dated in August 2006, the 10 percent rating assigned for fibromyalgia was increased to 20 percent, effective from January 24, 2003.  The Veteran continued her appeal.  See AB v. Brown, 6 Vet. App. 35 (1993).

The Board remanded the claim in April 2010 and May 2012 for additional development, to include consideration of a claim for total disability evaluation based on individual unemployability (TDIU) as per Rice v. Shinseki, 22 Vet. App. 447(2009).  In a March 2012 decision, which was not included with the claims file at the time of the May 2012 decision, the RO/AMC assigned a 40 percent rating for fibromyalgia, effective from April 1, 2010.  A May 2012 rating decision granted a TDIU, effective from April 20, 2011.  

In December 2012, the Veteran raised the issue of entitlement to service connection for a left hand disability, and she submitted recent medical reports in support.  This claim is referred to the RO for appropriate action.  


FINDING OF FACT

On January 7, 2013, 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 (or his or her 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/her authorized representative, has withdrawn this appeal.  The representative acknowledged the awards that were made in the March and May 2012 rating decisions and stated that "[a]t this time, the veteran withdraws any further appeal, and requests her file to be returned to the appropriate Regional Office."  Thus, as there remain no allegations  of errors of fact or law for appellate consideration, the Board does not have jurisdiction to review the appeal and it is dismissed.


ORDER

The appeal is dismissed.




		
MICHAEL A. HERMAN
	Veterans Law Judge, Board of Veterans' Appeals


Department of Veterans Affairs