Citation Nr: 1319472	
Decision Date: 06/17/13    Archive Date: 06/27/13

DOCKET NO.  10-35 204	)	DATE
	)
	)

On appeal from the
Department of Veterans Affairs (VA) Regional Office (RO) in 
Louisville, Kentucky


THE ISSUES

1.  Entitlement to service connection for residuals of a right foot injury.

2.  Entitlement to service connection for residuals of a right ankle injury.

3.  Entitlement to higher initial disability ratings for osteoarthritis of the right knee, currently evaluated as 0 percent (noncompensable) disabling for limited flexion effective July 13, 2009, and as 10 percent disabling for limited extension effective September 10, 2010.

4.  Entitlement to higher initial disability ratings for osteoarthritis of the left knee, currently evaluated as 0 percent (noncompensable) disabling for limited flexion effective July 13, 2009, and as 10 percent disabling for limited extension effective September 10, 2010.




REPRESENTATION

Appellant represented by:	Disabled American Veterans


ATTORNEY FOR THE BOARD

Mary C. Suffoletta, Counsel 


INTRODUCTION

The Veteran served on active duty from March 1977 to November 1988.

These matters come to the Board of Veterans' Appeals (Board) on appeal from a November 2009 rating decision that, in pertinent part, denied service connection for residuals of a right foot injury and for residuals of a right ankle injury; and from an August 2010 decision of the RO that granted service connection for osteoarthritis of the right knee and for osteoarthritis of the left knee, each evaluated as 0 percent (noncompensable) disabling effective July 13, 2009.  The Veteran timely appealed each denial of service connection, and appealed for higher initial ratings.  These are the only issues that have been perfected on appeal.

In February 2011, the RO assigned separate 10 percent disability evaluations for osteoarthritis of each knee, based on limited extension, effective September 10, 2010.  Because higher evaluations are available for osteoarthritis of each knee both prior to and after September 10, 2010; and the Veteran is presumed to seek the maximum available benefit for a disability, each of the claims remains on appeal.  See AB v. Brown, 6 Vet. App. 35, 38 (1993).

The Veteran cancelled a videoconference hearing before a Veterans Law Judge at the RO that was scheduled for June 12, 2013.


FINDING OF FACT

Prior to the promulgation of a decision in the appeals, the Board received written notification from the Veteran that a withdrawal of each of the appeals is requested.


CONCLUSION OF LAW

The criteria for withdrawal of the appeals for service connection for residuals of a right foot injury and for residuals of a right ankle injury, and for higher disability ratings for osteoarthritis of the right knee and for osteoarthritis of the left knee have been met.  38 U.S.C.A. § 7105(b)(2), (d)(5) (West 2002); 38 C.F.R. §§ 20.202, 20.204 (2012).
      

REASONS AND BASES FOR FINDING AND CONCLUSION

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.  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 Veteran or by his authorized representative.  38 C.F.R. § 20.204.  In the present case, the Veteran withdrew the appeals for service connection for residuals of a right foot injury and for residuals of a right ankle injury, and withdrew the appeals for higher disability ratings for osteoarthritis of the right knee and for osteoarthritis of the left knee, in a written statement received by the Board on June 12, 2013.  There remain no allegations of errors of fact or law for

appellate consideration as to each issue.  Accordingly, the Board does not have jurisdiction to review the appeals, and each of the claims is dismissed.


ORDER

The appeals seeking service connection for residuals of a right foot injury and for residuals of a right ankle injury, and seeking higher disability ratings for osteoarthritis of the right knee and for osteoarthritis of the left knee are dismissed.




____________________________________________
S. S. TOTH
 Veterans Law Judge, Board of Veterans' Appeals



Department of Veterans Affairs