Citation Nr: 1319244	
Decision Date: 06/13/13    Archive Date: 06/21/13

DOCKET NO.  11-01 641	)	DATE
	)
	)

On appeal from the
Department of Veterans Affairs Regional Office in Waco, Texas



THE ISSUE

Entitlement to an initial rating in excess of 10 percent for a left hip disability.  



REPRESENTATION

Appellant represented by:	Texas Veterans Commission



ATTORNEY FOR THE BOARD

Jarrette A. Marley, Associate Counsel




INTRODUCTION

The Veteran served on active duty from April 1990 to July 1999.  

This matter comes before the Board of Veterans' Appeals (Board) on appeal from a May 2010 rating decision by the Waco, Texas Department of Veterans Affairs (VA) Regional Office (RO) that granted service connection for a left hip disability, rated 10 percent, effective January 14, 2010 (date of receipt of claim).  

The Veteran was scheduled for a video conference hearing before a Veterans Law Judge in January 2013.  Prior to the hearing, in December 2012 correspondence (received on January 8, 2013, the date of the scheduled hearing), she withdrew her appeal.  


FINDING OF FACT

In December 2012, prior to the promulgation of a decision in the appeal for an increased initial rating for a left hip disability, the Veteran indicated that she wished to withdraw the appeal.  


CONCLUSION OF LAW

The criteria for the withdrawal of the Substantive Appeal with respect to an increased initial rating for a left hip disability have been met.  38 U.S.C.A. § 7105 (West 2002); 38 C.F.R. §§ 20.101, 20.202, 20.204 (2012).  


REASONS AND BASES FOR FINDING AND CONCLUSION

The Board has jurisdiction where there is a question of law or fact on appeal to the Secretary.  38 U.S.C.A. § 7104; 38 C.F.R. § 20.101.  Under 38 U.S.C.A. § 7105, the Board may dismiss any appeal that 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  A Substantive Appeal may be withdrawn in writing at any time before the Board promulgates a decision.  38 C.F.R. § 20.202.  Withdrawal may be made by the appellant or by his or her authorized representative.  38 C.F.R. § 20.204.  In December 2012 correspondence (received in January 2013), the Veteran's representative expressed intent to withdraw the issue of entitlement to an increased rating for a left hip disability.  Thus, there are no allegations of error of fact or law for appellate consideration on this claim.  Accordingly, the Board does not have jurisdiction to consider an appeal in this matter.  


ORDER

The appeal seeking an initial rating in excess of 10 percent for a left hip disability is dismissed.  



____________________________________________
K. A. BANFIELD
Veterans Law Judge, Board of Veterans' Appeals



Department of Veterans Affairs