Citation Nr: 1306182	
Decision Date: 02/22/13    Archive Date: 02/27/13

DOCKET NO.  11-18 847	)	DATE
	)


On appeal from the decision of the 
Department of Veterans Affairs Regional Office in Huntington, West Virginia


THE ISSUES

1.  Entitlement to service connection for cervical spine injury.

2.  Entitlement to service connection for polymyalgia.

3.  Entitlement to service connection for headaches.

4.  Entitlement to service connection for chronic fatigue syndrome.

5.  Entitlement to service connection for fibromyalgia.

6.  Entitlement to an initial evaluation in excess of 10 percent for sciatica, left leg.

7.  Entitlement to an initial evaluation in excess of 10 percent for sciatica, right leg.

8.  Entitlement to an initial evaluation in excess of 20 percent for residuals of low back injury.

9.  Entitlement to an evaluation higher than 60 percent for hypertensive heart disease.

10.  Entitlement to an evaluation higher than 10 percent for carotid artery disease.

11.  Entitlement to an evaluation higher than 10 percent for hypertension.


REPRESENTATION

Appellant represented by:	David L. Huffman, Esquire


ATTORNEY FOR THE BOARD

A. Michel, Associate Counsel


INTRODUCTION

The Veteran served on active duty from March 1972 to June 1992.

This case comes before the Board of Veterans' Appeals (Board) on appeal from a December 2009 rating decision of the Department of Veterans Affairs (VA) Regional Office (RO) in Huntington, West Virginia.  

The Veteran requested a hearing in his formal appeal, VA form 9, but subsequently withdrew his request.





FINDING OF FACT

On November 23, 2012, prior to the promulgation of a decision in the appeal, the Board received written notification from the Veteran's authorized representative that the Veteran desires to withdraw his appeal.


CONCLUSION OF LAW

The criteria for withdrawal of an appeal by the appellant, through his authorized representative, 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 (West 2002).  

An appeal may be withdrawn as to any or all issues involved in the appeal at any time before the Board promulgates a decision.  38 C.F.R. § 20.204 (2012).  Withdrawal may be made by the appellant or by his or her authorized representative.  38 C.F.R. § 20.204.  In the present case, the appellant, through his authorized representative, has withdrawn this appeal and, hence, there remains no allegation of error of fact or law for appellate consideration.  Accordingly, the Board does not have jurisdiction to review the appeal.






ORDER

The appeal is dismissed.


		
T. D. JONES
	Acting Veterans Law Judge, Board of Veterans' Appeals




Department of Veterans Affairs