Citation Nr: 1306003	
Decision Date: 02/21/13    Archive Date: 02/27/13

DOCKET NO.  11-26 713	)	DATE
	)
	)

On appeal from the
Department of Veterans Affairs Regional Office in Lincoln, Nebraska


THE ISSUES

1.  Entitlement to a disability rating in excess of 20 percent for the service-connected left leg radiculopathy.

2.  Entitlement to service connection for bladder dysfunction (urine condition) to include as secondary to the service-connected disability of status post laminectomy and discectomies L4-5 and L5-S1.  

3.  Entitlement to service connection for bowel dysfunction, to include as secondary to the service-connected disability of status post laminectomy and discectomies L4-5 and L5-S1.


REPRESENTATION

Appellant represented by:	Paralyzed Veterans of America, Inc.



ATTORNEY FOR THE BOARD

L.B. Cryan, Counsel


INTRODUCTION

The Veteran served on active duty from October 1965 to October 1985.  

This case is before the Board of Veterans' Appeals (Board) on appeal from a March 2011 rating decision by the Department of Veterans Affairs (VA) Regional Office (RO) in Lincoln, Nebraska.  


FINDING OF FACT

In January 2013, prior to the promulgation of a decision in the appeal, the Veteran requested, in writing, to withdraw his appeal currently before the Board, which consists of the following three issues:  (1) entitlement to a disability rating in excess of 20 percent for the service-connected left leg radiculopathy; (2) entitlement to service connection for bladder dysfunction (urine condition) to include as secondary to the service-connected disability of status post laminectomy and discectomies L4-5 and L5-S1; and (3) entitlement to service connection for bowel dysfunction, to include as secondary to the service-connected disability of status post laminectomy and discectomies L4-5 and L5-S1.  


CONCLUSION OF LAW

The criteria for a withdrawal of the appellant's substantive appeal have been met; and as such, the Board does not currently have appellate jurisdiction to decide the issues of (1) entitlement to a disability rating in excess of 20 percent for the service-connected left leg radiculopathy; (2) entitlement to service connection for bladder dysfunction (urine condition) to include as secondary to the service-connected disability of status post laminectomy and discectomies L4-5 and L5-S1; and (3) entitlement to service connection for bowel dysfunction, to include as secondary to the service-connected disability of status post laminectomy and discectomies L4-5 and L5-S1.  38 U.S.C.A. §§ 7105(a), 7108 (West 2002); 38 C.F.R. §§ 20.200, 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 the appellant or by his or her authorized representative.  38 C.F.R. § 20.204.  

After the case was certified to the Board on appeal, but before a decision was promulgated, the Board received written notice from the appellant in January 2013 requesting to withdraw his appeal.  The issues in appellate status and before the Board at that time were (1) entitlement to a disability rating in excess of 20 percent for the service-connected left leg radiculopathy; (2) entitlement to service connection for bladder dysfunction (urine condition) to include as secondary to the service-connected disability of status post laminectomy and discectomies L4-5 and L5-S1; and (3) entitlement to service connection for bowel dysfunction, to include as secondary to the service-connected disability of status post laminectomy and discectomies L4-5 and L5-S1.  

The Veteran's January 2013 correspondence was followed up by additional correspondence from the Veteran's representative, also received that same month, confirming the Veteran's request to withdraw his appeal.  Finally, a January 2013 Report of General Information reveals that the RO contacted the Veteran by telephone to further confirm the Veteran's desire to withdraw his appeal from appellate status.  

In light of the foregoing, the appellant has withdrawn this appeal and, hence, there remain no allegations 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 is dismissed.



____________________________________________
S. S. TOTH
Veterans Law Judge, Board of Veterans' Appeals



Department of Veterans Affairs