Citation Nr: 1318573	
Decision Date: 06/07/13    Archive Date: 06/11/13

DOCKET NO.  07-14 754	)	DATE
	)


On appeal from the decision of the 
Department of Veterans Affairs (VA) Regional Office (RO) in Detroit, Michigan


THE ISSUE

Entitlement to an increased rating for a service-connected back disability, rated as 20 percent disabling prior to October 25, 2008, and as 40 percent disabling from that date, to include the issue of entitlement to an earlier effective date for the 40 percent rating.


REPRESENTATION

Appellant represented by:	Disabled American Veterans


ATTORNEY FOR THE BOARD

C. L. Wasser, Counsel

INTRODUCTION

The Veteran served on active duty from June 1980 to February 1984.

This case comes to the Board of Veterans' Appeals (Board) on appeal from a November 2005 RO decision that denied an increase in a 20 percent rating for service-connected compression fracture at T6 with degenerative arthritis and chronic thoracocervical facet pain.

In a November 2008 rating decision, the RO granted an increased 40 percent rating for the service-connected back disability, effective October 25, 2008.  The Veteran continued his appeal for an increased rating, and appealed for an earlier effective date for the 40 percent rating.  In this regard, the Board notes that the issue of entitlement to an increased rating in excess of 20 percent prior to October 25, 2008 was already in appellate status.  See AB v. Brown, 6 Vet. App. 35, 38-39 (1993) (it is presumed the appellant is seeking the highest possible rating unless he expressly indicates otherwise).

The Veteran initially requested a hearing before a Veterans Law Judge of the Board, then requested that the hearing be rescheduled, and then cancelled his hearing request in May 2013.  See 38 C.F.R. § 20.704(e) (2012).


FINDINGS OF FACT

1.  The Veteran in this case served on active duty from June 1980 to February 1984.

2.  On May 30, 2013, prior to the promulgation of a decision in the appeal, the Board received a motion from the Veteran's representative to withdraw the issues on appeal from appellate consideration, and a request that the Board dismiss the appeal.



CONCLUSION OF LAW

The criteria for withdrawal of an appeal by the appellant or his or her authorized representative 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, through his authorized representative, 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.



		
K. PARAKKAL 
	Veterans Law Judge, Board of Veterans' Appeals



Department of Veterans Affairs