Citation Nr: 1306131	
Decision Date: 02/22/13    Archive Date: 02/27/13

DOCKET NO.  09-42 777	)	DATE
	)
	)

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


THE ISSUE

Entitlement to service connection for residuals of a bruised left patella, claimed as left knee condition.  


REPRESENTATION

Appellant represented by:	Disabled American Veterans


WITNESS AT HEARING ON APPEAL

Appellant


ATTORNEY FOR THE BOARD

A. Bordewyk, Associate Counsel

INTRODUCTION

The Veteran served on active duty from May 1969 to July 1969, January 1973 to May 1973, and March 1975 to June 1981.  

This case comes before the Board of Veterans' Appeals (Board) on appeal from a March 2008 rating decision issued by the Department of Veterans Affairs (VA) Regional Office (RO) in Chicago, Illinois, which, in pertinent part, denied entitlement to service connection for residuals of a bruised left patella, claimed as left knee condition.  

Although that rating decision adjudicated multiple issues, the Veteran only appealed the issue listed above in addition to the issue of service connection for a left shoulder disability.  In a March 2009 rating decision, service connection for the left shoulder disability was granted.  As that grant of service connection represented a full grant of the benefits sought on appeal, the left shoulder issue will not be considered herein.  

The Veteran provided testimony during a personal hearing before a Decision Review Officer at the RO in December 2009.  A transcript is of record.  

As noted below, the Veteran stated in February 2012 that he wished to withdraw his appeal.  A Board hearing had been scheduled for March 2012, for which he failed to appear.  There is no pending hearing request.  Therefore, the request for a hearing is considered withdrawn.  38 C.F.R. § 20.704(d) (2012). 


FINDING OF FACT

In a February 2012 statement, prior to the promulgation of a decision in the appeal, the Veteran withdrew the appeal with regard to the issue of entitlement to service connection for residuals of a bruised left patella.  


CONCLUSION OF LAW

The criteria for withdrawal of the appeal of the denial of service connection for residuals of a bruised left patella 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

In a February 2012 statement, the Veteran stated that he would like to withdraw his appeal for service connection for residuals of a bruised left patella.  

Under 38 U.S.C.A. § 7105, the Board may dismiss any appeal that fails to allege specific error of fact or law in the determination being appealed.  An appeal may be withdrawn in writing at any time before the Board promulgates a decision.  Withdrawal may be made by the claimant or by his or her authorized representative.  38 C.F.R. § 20.204.  

The appellant has withdrawn this appeal and, hence, there remain no allegations of errors of fact or law for appellate consideration.  As such, the Board does not have jurisdiction to review his claim and the appeal for service connection for residuals of a bruised left patella is dismissed.


ORDER

The claim for entitlement to service connection for residuals of a bruised left patella is dismissed.  



____________________________________________
J. A. MARKEY
Veterans Law Judge, Board of Veterans' Appeals

Department of Veterans Affairs