Citation Nr: 1304785	
Decision Date: 02/08/13    Archive Date: 02/19/13

DOCKET NO.  09-14 810	)	DATE
	)


On appeal from the decision of the 
Department of Veterans Affairs Regional Office in Chicago, Illinois


THE ISSUE

Entitlement to an initial rating in excess of 10 percent from April 14, 2006 to November 15, 2010 for a right knee disability, status-post patellectomy, and an increased rating in excess of 30 percent from January 1, 2012, status-post total right knee arthroplasty.


REPRESENTATION

Appellant represented by:	Illinois Department of Veterans Affairs


ATTORNEY FOR THE BOARD

S. M. Marcus, Counsel

INTRODUCTION

The Veteran served in the Army National Guard from 1971 to 1977 with various periods of active duty for training and inactive duty for training, to include a period of active duty for training from August 10, 1974 to August 24, 1974.  This matter is before the Board of Veterans' Appeals (Board) on appeal from a June 2007 rating decision of the Department of Veterans Affairs (VA) Regional Office (RO) in Chicago, Illinois.

This claim, along with a claim seeking entitlement to service connection for a left knee disability, was brought before the Board in March 2012, at which time the claims were remanded to allow the RO to further assist the Veteran in the development of his claims, to include affording him a VA examination.  After development was completed, the RO awarded the Veteran service connection for his left knee disability in an October 2012 rating decision.  This claim, having been resolved in full, is no longer before the Board here.  The claim for entitlement to an increased rating for the service-connected right knee, however, is once again before the Board for appellate consideration.  

The issue of entitlement to service connection for a right hip disability, secondary to a service-connected right knee disability was originally denied in a June 2007 rating decision, and the Veteran did not perfect an appeal as to this issue.  A recent, March 2012 statement from the Veteran, however, indicates he is raising the issue once again.  This claim has not been adjudicated by the RO.  Therefore, the Board does not have jurisdiction over it, and it 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 Veteran's representative that the Veteran wished to withdraw this appeal.

CONCLUSION OF LAW

The criteria for withdrawal of the appeal of entitlement to an initial rating in excess of 10 percent from April 14, 2006 to November 15, 2010 for a right knee disability, status-post patellectomy, and an increased rating in excess of 30 percent from January 1, 2012, status-post total right knee arthroplasty 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.  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.  Withdrawal may be made by a veteran or by his authorized representative.  Id.  In January 2013, the Veteran's representative requested that the appeal as to the issue of entitlement to an increased rating for the service-connected right knee disorder be withdrawn.  Hence, there remains no allegation 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 of entitlement to an initial rating in excess of 10 percent from April 14, 2006 to November 15, 2010 for a right knee disability, status-post patellectomy, and an increased rating in excess of 30 percent from January 1, 2012, status-post total right knee arthroplasty is dismissed.


		
JOY A. MCDONALD
	Veterans Law Judge, Board of Veterans' Appeals

Department of Veterans Affairs