Citation Nr: 1305585	
Decision Date: 02/15/13    Archive Date: 02/21/13

DOCKET NO.  11-02 607	)	DATE
	)
	)

On appeal from the
Department of Veterans Affairs Regional Office in Waco, Texas


THE ISSUES

1.  Entitlement to an initial disability evaluation in excess of 10 percent for diabetic retinopathy with cataracts.

2.  Entitlement to service connection for bilateral hearing loss.


REPRESENTATION

Appellant represented by:	Texas Veterans Commission


ATTORNEY FOR THE BOARD

S. Coyle, Counsel




INTRODUCTION

Pursuant to 38 C.F.R. § 20.900(c), the appeal has been advanced on the Board's docket. 

The Veteran served on active duty from February 1953 to February 1956 and from January 1961 to April 1972, with subsequent National Guard and Army Reserve service, including a period of Active Guard/Reserve service from August 1980 to June 1982.  

This matter is before the Board of Veterans' Appeals (Board) on appeal of January 2010 and May 2010 rating decisions of a Department of Veterans Affairs (VA) Regional Office (RO).


FINDING OF FACT

In correspondence dated in January 2013, prior to the promulgation of a Board decision, the Veteran withdrew his appeal for an evaluation in excess of 10 percent for diabetic retinopathy with cataracts and service connection for bilateral hearing loss.


CONCLUSION OF LAW

The criteria for withdrawal of a substantive appeal having been met, the Board does not have appellate jurisdiction to review these claims.  38 U.S.C.A. §§ 7105(a), 7108 (West 2002); 38 C.F.R. §§ 20.200, 20.202, 20.204 (2012).


REASONS AND BASES FOR FINDING AND CONCLUSION

A substantive appeal may be withdrawn in writing at any time before the Board promulgates a decision, or may be withdrawn on the record at a hearing.  38 C.F.R. §§ 20.202, 20.204(b).  In January 2013, the Veteran stated in writing that he wished to withdraw his appeal with regard to the claims for an evaluation in excess of 10 percent for diabetic retinopathy with cataracts and service connection for bilateral hearing loss.  As the Veteran has withdrawn the appeal in accordance with 38 C.F.R. § 20.204, the Board no longer has appellate jurisdiction and can take no further action on the matter. 


ORDER

The appeal for entitlement to an initial disability evaluation in excess of 10 percent for diabetic retinopathy with cataracts is dismissed.  

The appeal for entitlement to service connection for bilateral hearing loss is dismissed.




____________________________________________
RONALD W. SCHOLZ
Veterans Law Judge, Board of Veterans' Appeals



Department of Veterans Affairs