Citation Nr: 1317944 Decision Date: 06/03/13 Archive Date: 06/11/13 DOCKET NO. 11-19 985 ) DATE ) ) On appeal from the Department of Veterans Affairs Regional Office in Reno, Nevada THE ISSUES 1. Entitlement to service connection for sleep insomnia. 2. Entitlement to service connection for shortening of the lower extremity. 3. Entitlement to service connection for chronic headaches. 4. Entitlement to service connection for high blood pressure. 5. Entitlement to service connection for a left shoulder disability. 6. Entitlement to a compensable rating for left knee patellofemoral syndrome prior to May 26, 2011. 7. Entitlement to a rating in excess of 10 percent for left knee patellofemoral syndrome since May 26, 2011. 8. Entitlement to a compensable rating for right knee lateral meniscus tear prior to May 26, 2011. 9. Entitlement to a rating in excess of 10 percent for right knee meniscus tear since May 26, 2011. 10. Entitlement to a rating in excess of 10 percent for right shoulder tendonitis. ATTORNEY FOR THE BOARD Anthony M. Flamini, Counsel INTRODUCTION The Veteran had active duty from August 1988 to July 1993. This matter comes before the Board of Veterans' Appeals (Board) on appeal from a March 2010 and June 2010 rating decisions by the Department of Veterans Affairs (VA) Regional Office (RO) in Reno, Nevada. FINDING OF FACT In correspondence dated in April 2013, prior to promulgation of a decision in the appeal, the Veteran withdrew his appeal with respect to all pending claims. CONCLUSIONS OF LAW 1. The criteria for withdrawal of a substantive appeal by the Veteran as to the issue of entitlement to service connection for sleep insomnia have been met. 38 U.S.C.A. § 7105(b) (2), (d) (5) (West 2002); 38 C.F.R. §§ 20.202, 20.204 (2012). 2. The criteria for withdrawal of a substantive appeal by the Veteran as to the issue of entitlement to service connection for shortening of the lower extremity have been met. 38 U.S.C.A. § 7105(b) (2), (d) (5) (West 2002); 38 C.F.R. §§ 20.202, 20.204 (2012). 3. The criteria for withdrawal of a substantive appeal by the Veteran as to the issue of entitlement to service connection for chronic headaches have been met. 38 U.S.C.A. § 7105(b) (2), (d) (5) (West 2002); 38 C.F.R. §§ 20.202, 20.204 (2012). 4. The criteria for withdrawal of a substantive appeal by the Veteran as to the issue of entitlement to service connection for high blood pressure have been met. 38 U.S.C.A. § 7105(b) (2), (d) (5) (West 2002); 38 C.F.R. §§ 20.202, 20.204 (2012). 5. The criteria for withdrawal of a substantive appeal by the Veteran as to the issue of entitlement to service connection for a left shoulder disability have been met. 38 U.S.C.A. § 7105(b) (2), (d) (5) (West 2002); 38 C.F.R. §§ 20.202, 20.204 (2012). 6. The criteria for withdrawal of a substantive appeal by the Veteran as to the issue of entitlement to a compensable rating for left knee patellofemoral syndrome prior to May 26, 2011, and a rating in excess of 10 percent for left knee patellofemoral syndrome since May 26, 2011, have been met. 38 U.S.C.A. § 7105(b) (2), (d) (5) (West 2002); 38 C.F.R. §§ 20.202, 20.204 (2012). 7. The criteria for withdrawal of a substantive appeal by the Veteran as to the issue of entitlement to a compensable rating for right knee lateral meniscus tear prior to May 26, 2011, and a rating in excess of 10 percent for right knee meniscus tear since May 26, 2011, have been met. 38 U.S.C.A. § 7105(b) (2), (d) (5) (West 2002); 38 C.F.R. §§ 20.202, 20.204 (2012). 8. The criteria for withdrawal of a substantive appeal by the Veteran as to the issue of entitlement to a rating in excess of 10 percent for right shoulder tendonitis 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 Pursuant to 38 U.S.C.A. § 7105, the Board may dismiss any appeal which fails to allege specific error of fact or law in the determination being appealed. A substantive appeal may be withdrawn in writing at any time before the Board promulgates a decision. 38 C.F.R. §§ 20.202, 20.204(b) (2012). Except for appeals withdrawn on the record at a hearing, appeal withdrawals must be in writing. 38 C.F.R. § 20.204(c) (2012). In correspondence dated in April 2013, prior to promulgation of a decision in the appeal, the Veteran indicated that he wished to withdraw his appeal as to all pending claims. The Board finds that the criteria have been met for withdrawal of the Veteran's appeal as to the issues of entitlement to service connection for sleep insomnia, shortening of the lower extremity, chronic headaches, high blood pressure, and a left shoulder disability, as well as to increased ratings for left knee patellofemoral syndrome, right knee lateral meniscus tear, and right shoulder tendonitis. Accordingly, there remain no allegations of errors of fact or law for appellate consideration, the Board does not have jurisdiction to review the appeal, and it is dismissed. ORDER The claim for entitlement to service connection for sleep insomnia is dismissed. The claim for entitlement to service connection for shortening of the lower extremity is dismissed. The claim for entitlement to service connection for chronic headaches is dismissed. The claim for entitlement to service connection for high blood pressure is dismissed. The claim for entitlement to service connection for a left shoulder disability is dismissed. The claims for entitlement to a compensable rating for left knee patellofemoral syndrome prior to May 26, 2011, and a rating in excess of 10 percent for left knee patellofemoral syndrome since May 26, 2011, are dismissed. The claims for entitlement to a compensable rating for right knee lateral meniscus tear prior to May 26, 2011, and a rating in excess of 10 percent for right knee meniscus tear since May 26, 2011, are dismissed. The claim for entitlement to a rating in excess of 10 percent for right shoulder tendonitis is dismissed. ____________________________________________ ROBERT C. SCHARNBERGER Veterans Law Judge, Board of Veterans' Appeals Department of Veterans Affairs