Citation Nr: 1306323	
Decision Date: 02/25/13    Archive Date: 03/01/13

DOCKET NO.  08-32 512	)	DATE
	)


On appeal from the decision of the 
Department of Veterans Affairs Regional Office in Denver, Colorado


THE ISSUE

1.  Entitlement to a compensable disability rating for lumbar spine degenerative disc disease with L4-L5 disc herniation, prior to June 1, 2010.

2.  Entitlement to a disability rating in excess of 10 percent for lumbar spine degenerative disc disease with L4-L5 disc herniation, from June 1, 2010.


REPRESENTATION

Appellant represented by:	Disabled American Veterans


ATTORNEY FOR THE BOARD

A. Lindio, Counsel

INTRODUCTION

The Veteran had active duty service, including from September 1979 until July 1989, February 1996 until December 1997, October 2001 until May 2003, August 2003 until August 2006 and November 2007 until May 2010.  He also had additional service with the Air Force Reserves and the National Guard.

This matter comes before the Board of Veterans' Appeals (BVA or Board) on appeal from a December 2006 rating decision by the Department of Veterans Affairs (VA) Regional Office (RO) in Denver, Colorado.  In pertinent part, the RO re-established service connection for the Veteran's lumbar spine disability, with a noncompensable disability rating.

In an August 2010 rating decision, the RO granted a 10 percent disability rating for the lumbar spine disability, effective June 1, 2010.

In a February 2013 correspondence, the Veteran withdrew his request for a hearing before a member of the Board.

This appeal was processed using the Virtual VA paperless claims processing system.  


FINDINGS OF FACT

1.	The Veteran in this case served on active duty from September 1979 until July 1989, February 1996 until December 1997, October 2001 until May 2003, August 2003 until August 2006 and November 2007 until May 2010.

2.	On February 7, 2013, prior to the promulgation of a decision in the appeal, the Board received notification from the appellant that a withdrawal of this appeal is requested.


CONCLUSION OF LAW

The criteria for withdrawal of an appeal by the appellant 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 FINDINGS 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  An appeal may be withdrawn as to any or all issues involved in the appeal at any time before the Board promulgates a decision.  38 C.F.R. § 20.204 (2012).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 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.


		
MARJORIE A. AUER 
	Veterans Law Judge, Board of Veterans' Appeals




Department of Veterans Affairs