Citation Nr: 1319294	
Decision Date: 06/13/13    Archive Date: 06/21/13

DOCKET NO.  10-29 594	)	DATE
	)


On appeal from the decision of the 
Department of Veterans Affairs Regional Office in Nashville, Tennessee


THE ISSUE

Entitlement to service connection for a left hip disorder, including as due to service-connected low back disability.


REPRESENTATION

Appellant represented by:	The American Legion


WITNESS AT HEARING ON APPEAL

Appellant


ATTORNEY FOR THE BOARD

D.J. Drucker, Counsel


INTRODUCTION

The Veteran had active military service from June 1988 to November 1990.

This matter initially came to the Board of Veterans' Appeals (Board) from a March 2009 rating decision of the Department of Veterans Affairs (VA) Regional Office (RO) in St. Petersburg, Florida, that denied service connection for a left hip disorder.  An April 2009 rating decision of the VA RO in Nashville, Tennessee, denied service connection for a left hip disorder as due to service-connected low back disability.

In May 2012, the Veteran, sitting at the RO in Nashville, testified during a hearing conducted via videoconference with the undersigned Veterans Law Judge, sitting at the Board's main office in Washington, D.C.  A transcript of the hearing is of record.

In January 2013, the Board remanded the Veteran's claim to the RO via the Appeals Management Center (AMC) in Washington, D.C., for further development.
 
In an April 2013 statement, the Veteran reported that her service-connected low back disability caused radiating pain and radiculopathy in her left buttocks and left lower extremity because it had worsened.  Service connection is currently in effect for chronic lower back strain and radiculopathy of the right lower extremity.  The Board construes the Veteran's statement as a claim for an increased rating for her chronic lower back strain to include consideration of a separate rating for left lower extremity radiculopathy.  The matter is referred to the RO for appropriate development and adjudication. 

FINDINGS OF FACT

1.  The Veteran in this case served on active duty from June 1988 to November 1990.

2.  On April 11, 2013, prior to the promulgation of a decision in the appeal, the Board received notification from the appellant, through her authorized representative, that a withdrawal of this appeal is requested.


CONCLUSION OF LAW

The criteria for withdrawal of an appeal by the appellant through 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 her 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.




		
ERIC S. LEBOFF
	Veterans Law Judge, Board of Veterans' Appeals




Department of Veterans Affairs