Citation Nr: 1318183	
Decision Date: 06/05/13    Archive Date: 06/11/13

DOCKET NO.  07-06 406	)	DATE
	)
	)

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


THE ISSUES

1.  Entitlement to an evaluation in excess of 10 percent for a right knee disability manifested by limitation of motion.

2.  Entitlement to an evaluation in excess of 10 percent for a left knee disability manifested by limitation of motion.


REPRESENTATION

Appellant represented by:	Disabled American Veterans


ATTORNEY FOR THE BOARD

M. Scott Walker, Counsel



INTRODUCTION

The Veteran served on active duty from October 1983 to October 1990, and from October 1990 to April 1992.

This matter comes before the Board of Veterans' Appeals (Board) on appeal from a December 2010 rating decision of the Department of Veterans Affairs (VA) Regional Office (RO) in Chicago, Illinois.  


FINDING OF FACT

A statement dated April 30, 2013, signed by the Veteran's representative, was received by VA prior to the promulgation of a decision by the Board, in which it was noted that the Veteran desired to withdraw all issues on appeal.  


CONCLUSIONS OF LAW

1.  The criteria for withdrawal of a Substantive Appeal have been met with respect to the issue of entitlement to an evaluation in excess of 10 percent for a right knee disability manifested by limitation of motion.  38 U.S.C.A. § 7105(b)(2), (d)(5) (West 2002); 38 C.F.R. § 20.204 (2012).

2.  The criteria for withdrawal of a Substantive Appeal have been met with respect to the issue of entitlement to an evaluation in excess of 10 percent for a left knee disability manifested by limitation of motion.  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 CONCLUSIONS

Under 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  A Substantive Appeal may be withdrawn in writing at any time before the Board promulgates a decision or on the record at a hearing.  See 38 C.F.R. § 20.202 (2011).  Withdrawal may be made by the appellant or by his authorized representative.  See 38 C.F.R. § 20.204 (2011).  Here, a signed statement dated April 30, 2013, was received from the Veteran's representative, in which he expressed the Veteran's desire to withdraw his appeal for all issues.

Accordingly, the Board does not have jurisdiction to review such claims and they are dismissed.  


ORDER

The issue of entitlement to an evaluation in excess of 10 percent for a right knee disability, manifested by limitation of motion, is dismissed.

The issue of entitlement to an evaluation in excess of 10 percent for a left knee disability, manifested by limitation of motion, is dismissed.




____________________________________________
F. JUDGE FLOWERS
Veterans Law Judge, Board of Veterans' Appeals



Department of Veterans Affairs