Citation Nr: 1305261	
Decision Date: 02/13/13    Archive Date: 02/21/13

DOCKET NO.  10-24 151	)	DATE
	)
	)

On appeal from the
Department of Veterans Affairs Regional Office in Roanoke, Virginia


THE ISSUE

Entitlement to an initial rating in excess of 60 percent for service-connected left foot drop.


REPRESENTATION

Appellant represented by:	Disabled American Veterans


ATTORNEY FOR THE BOARD

David S. Ames, Counsel


INTRODUCTION

The Veteran served on active duty from August 1982 to October 2008.

This matter comes properly before the Board of Veterans' Appeals (Board) on appeal from a rating decision by the Department of Veterans Affairs (VA) Regional Office in Roanoke, Virginia (RO).


FINDING OF FACT

In September 2012, prior to the promulgation of a decision in the appeal, the Veteran withdrew his appeal as to the issue of entitlement to an initial rating in excess of 60 percent for service-connected left foot drop.


CONCLUSION OF LAW

The criteria for withdrawal of the substantive appeal by the Veteran for the issue of entitlement to an initial rating in excess of 60 percent for service-connected left foot drop have been met.  38 U.S.C.A. § 7105 (West 2002); 38 C.F.R. §§ 20.202, 20.204(b), (c) (2012).


REASONS AND BASES FOR FINDING AND CONCLUSION

In October 2008, the Veteran filed a claim for benefits which included the issue of entitlement to service connection for a left foot disorder.  A March 2009 rating decision granted service connection for left foot drop and assigned a 10 percent rating, effective November 1, 2008.  The Veteran filed a notice of disagreement with respect to the rating assigned in November 2009, and perfected an appeal as to that issue in May 2010.  Subsequently, rating decisions dated in February 2011 and March 2011 assigned a 60 percent rating for the Veteran's left foot drop, effective November 1, 2008.  In a September 2012 statement, the Veteran stated that he wanted to withdraw the issue of entitlement to an initial rating in excess of 60 percent for service-connected left foot drop.

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).  A substantive appeal may be withdrawn in writing at any time before the Board promulgates a decision.  38 C.F.R §§ 20.202, 20.204(b) (2012).  Withdrawal may be made by the Veteran or by his authorized representative.  38 C.F.R. § 20.204(c) (2012).

With regard to the issue of entitlement to an initial rating in excess of 60 percent for service-connected left foot drop, prior to the promulgation of a decision by the Board, the Veteran stated that he wanted to withdraw his appeal of that issue.  As a result, no allegation of error of fact or law remains before the Board for consideration with regard to the issue of entitlement to an initial rating in excess of 60 percent for service-connected left foot drop.  Therefore, the Board finds that the Veteran has withdrawn his claim as to that issue, and the Board does not have jurisdiction to review the appeal as to the issue of entitlement to an initial rating in excess of 60 percent for service-connected left foot drop, and it is dismissed.


ORDER

The claim of entitlement to an initial rating in excess of 60 percent for service-connected left foot drop is dismissed.



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



Department of Veterans Affairs