Citation Nr: 1318391	
Decision Date: 06/06/13    Archive Date: 06/11/13

DOCKET NO.  09-36 992	)	DATE
	)


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


THE ISSUES

1.  Entitlement to an initial evaluation in excess of 10 percent for right shoulder impingement syndrome and acromioclavicular degenerative joint disease, prior to September 20, 2011.

2.  Entitlement to an initial evaluation in excess of 20 percent for right shoulder impingement syndrome and acromioclavicular degenerative joint disease, from September 20, 2011.

3.  Entitlement to an initial evaluation in excess of 10 percent for left shoulder impingement syndrome.

4.  Entitlement to an initial evaluation in excess of 10 percent for degenerative joint disease of the right knee.

5.  Entitlement to an initial evaluation in excess of 10 percent for degenerative joint disease of the left knee.


REPRESENTATION

Appellant represented by:	Disabled American Veterans


ATTORNEY FOR THE BOARD

James R. Siegel, Counsel


INTRODUCTION

The Veteran served on active duty from October 1975 until his retirement in October 2007.

This matter comes to the Board of Veterans' Appeals (Board) on appeal from a March 2008 rating decision of the Department of Veterans Affairs (VA) Regional Office (RO) that granted service connection for right and left shoulder disabilities, and for bilateral knee disabilities.  A noncompensable rating was assigned for each of these disorders, effective November 1, 2007.  The Veteran disagreed with the assigned ratings.  Based on the receipt of additional evidence, the RO, by rating action dated March 2012, assigned a 10 percent evaluation for the right shoulder disability, effective November 1, 2007, and a 20 percent rating was assigned effective September 20, 2011.  A 10 percent evaluation was assigned for the left shoulder and each knee disability, effective November 1, 2007.  

The Veteran indicated on his substantive appeal received in September 2009 that he wanted to testify at a hearing before a Veterans Law Judge.  In July 2012, he indicated he no longer wished to have a hearing.  The Board, accordingly, considers his hearing request to be withdrawn.
FINDING OF FACT

On April 26, 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.




		
ALAN S. PEEVY
	Veterans Law Judge, Board of Veterans' Appeals




Department of Veterans Affairs