Citation Nr: 1306238	
Decision Date: 02/22/13    Archive Date: 02/27/13

DOCKET NO.  12-32 541	)	DATE
	)
	)

On appeal from the
Department of Veterans Affairs Regional Office in New York, New York


THE ISSUE

Entitlement to a rating in excess of 30 percent for bilateral vertical talus.


REPRESENTATION

Appellant represented by:	Disabled American Veterans


ATTORNEY FOR THE BOARD

P. Childers, Counsel







INTRODUCTION

The Veteran served on active duty from November 1984 to April 1987. 

This matter comes before the Board of Veterans' Appeals (Board) on appeal from a November 2008 rating decision by a Department of Veterans Affairs (VA) Regional Office (RO).


FINDINGS OF FACT

1.  In a rating decision in November 2008, the RO denied a July 2008 claim for a rating in excess of 30 percent for bilateral vertical talus, which the Veteran appealed.  

2.  In correspondence dated in February 2013, prior to promulgation of a decision by the Board, the Veteran withdrew his appeal for an increased rating for bilateral vertical talus.


CONCLUSION OF LAW

The criteria for withdrawal of a substantive appeal on the claim for a rating in excess of 30 percent for bilateral vertical talus have been met.  38 U.S.C.A. § 7105(b)(2), (d)(5) (West 2002); 38 C.F.R. §§ 20.202, 20.204 (2012).


REASONS AND BASES FOR FINDINGS AND CONCLUSION

In a decision in November 2008, the RO denied a July 2008 claim for an increased rating for bilateral vertical talus.  The Veteran appealed that decision.  

In correspondence received by the Board in February 2013, the Veteran stated that he was withdrawing his appeal.  

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.  A substantive appeal may be withdrawn at any time before the Board promulgates a decision.  38 C.F.R. § 20.202.  

The February 2013 correspondence from the Veteran (and his representative) clearly evinces the Veteran's intent to withdraw his appeal for an increased rating for his service-connected bilateral vertical talus disability.  Consequently, there remain no allegations of errors of fact or law for appellate consideration in this matter.  Accordingly, the Board does not have jurisdiction to review this appeal and it is dismissed.  38 U.S.C.A. § 7105.


ORDER

The appeal for a rating in excess of 30 percent for bilateral vertical talus is dismissed.




____________________________________________
MICHAEL E. KILCOYNE
Veterans Law Judge, Board of Veterans' Appeals

Department of Veterans Affairs