Citation Nr: 1304652	
Decision Date: 02/08/13    Archive Date: 02/19/13

DOCKET NO.  10-31 050	)	DATE
	)
	)

On appeal from the
Department of Veterans Affairs Regional Office in Louisville, Kentucky


THE ISSUES

1.  Entitlement to a rating in excess of 30 percent for total knee replacement of the left knee.

2.  Entitlement to a rating in excess of 10 percent for hiatal hernia with gastroesophageal reflux.

3.  Entitlement to a compensable rating for hearing loss, left ear.


REPRESENTATION

Appellant represented by:	Disabled American Veterans


ATTORNEY FOR THE BOARD

A. Adamson, Counsel


INTRODUCTION

The Veteran served on active duty from October 1971 to March 1995. 

This case comes before the Board of Veterans' Appeals (Board) on appeal of an April 2009 rating decision by the Department of Veterans Affairs (VA) Regional Office (RO) in Louisville, Kentucky. 


FINDINGS OF FACT

In January 2013, prior to promulgation of a decision in the appeal, the Veteran notified VA that he desired to withdraw his appeal as to all issues.


CONCLUSIONS OF LAW

1.  The criteria for withdrawal of an appeal on the issue of entitlement to a rating in excess of 30 percent for total knee replacement of the left knee are met.  38 U.S.C.A. § 7105(b)(2), (d)(5) (West 2002); 38 C.F.R. § 20.204 (2012).

2.  The criteria for withdrawal of an appeal on the issue of entitlement to a rating in excess of 10 percent for hiatal hernia with gastroesophageal reflux are met.  38 U.S.C.A. § 7105(b)(2), (d)(5) (West 2002); 38 C.F.R. § 20.204 (2012).

3.  The criteria for withdrawal of an appeal on the issue of entitlement to a compensable rating for hearing loss, left ear are 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 CONCLUSIONS

The Board may dismiss any appeal that 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  An appeal may be withdrawn as to any or all issues involved in the appeal at any time before the Board promulgates a decision.  38 C.F.R. § 20.204 (2012).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 January 2013, the Veteran's representative submitted to VA a writing from the Veteran indicating that he wished to withdraw all issues on appeal.  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 this appeal must be dismissed. 


ORDER

The appeal for entitlement to a rating in excess of 30 percent for total knee replacement of the left knee is dismissed.

The appeal for entitlement to a rating in excess of 10 percent for hiatal hernia with gastroesophageal reflux is dismissed.

The appeal for entitlement to a compensable rating for hearing loss, left ear, is dismissed.



____________________________________________
Shane A. Durkin
Veterans Law Judge, Board of Veterans' Appeals

Department of Veterans Affairs