Citation Nr: 1319502	
Decision Date: 06/17/13    Archive Date: 06/27/13	

DOCKET NO.  08-17 564	)	DATE
	)
	)

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


THE ISSUES

1.  Entitlement to an initial rating in excess of 10 percent for patellofemoral pain syndrome of the right knee. 

2.  Entitlement to a disability rating in excess of 20 percent for chondromalacia of the left knee, to include a temporary total rating for surgery necessitating convalescence.


REPRESENTATION

Veteran represented by:	Disabled American Veterans


WITNESS AT HEARING ON APPEAL

The Veteran


ATTORNEY FOR THE BOARD

Robert E. O'Brien, Counsel


INTRODUCTION

The Veteran had active service from October 1974 to April 1976.

This case comes before the Board of Veterans Appeals (Board) on appeal from November 2007, March 2008, March 2009, and September 2009 rating decisions issued by the VARO in Waco, Texas.

In April 2011, the Veteran testified at a hearing before the undersigned at the RO. A transcript of the hearing is of record and has been reviewed.

The case was previously before the Board in August 2011 at which time, in pertinent part, service connection for neurological impairment of the lower extremities, to include peripheral neuropathy and radiculopathy, was granted.  Also granted was the Veteran's entitlement to a total rating based upon individual unemployability (TDIU) based on the severity of his service-connected disabilities.  The Veteran was denied entitlement to service connection for peripheral vascular disease involving the lower extremities, to include as secondary to service-connected patellofemoral pain syndrome of the right knee.  He was also denied entitlement to a compensable disability rating for a knot on the left testicle.  Further, he was denied entitlement to waiver of recovery of an overpayment of VA compensation benefits in the amount of $8,271.50.  

The issues of his entitlement to an initial rating in excess of 10 percent for patellofemoral pain syndrome of the right knee and to a rating in excess of 20 percent for chondromalacia of the left knee, to include a temporary total rating for surgery necessitating convalescence, were remanded for further development.  

By rating decision dated in January 2013, the Veteran was granted an effective date of December 21, 2007, for his TDIU.  Additionally, service connection for peripheral neuropathy of the left lower extremity was granted.  An evaluation of 10 percent was assigned, effective September 23, 2008.  Service connection was also granted for peripheral neuropathy of the right lower extremity.  A 10 percent rating was assigned, effective September 23, 2008.  A 20 percent disability rating for the Veteran's low back disability was continued.  The Veteran was also granted basic eligibility to dependent's educational assistance from December 21, 2007.  The rating decision resulted in an increase in the disability rating for the Veteran's service-connected depressive disorder from 30 percent to 50 percent, effective July 21, 2010.  With consideration of the bilateral factor, a disability rating of 80 percent was assigned, from July 21, 2010.  

In a communication dated February 13, 2013, the Veteran stated that he was withdrawing all appeals since he was satisfied with the grant of TDIU and Chapter 35 benefits.  Accordingly, there are no issues in appellate status at this time.  


FINDING OF FACT

In a communication dated February 13, 2013, the Veteran stated that he "hereby withdraw all appeals as I am satisfied with the grant of individual unemployability and Chapter 35 benefits."  


CONCLUSION OF LAW

The criteria for withdrawal of a Substantive Appeal by the Veteran with regard to the issues of entitlement to increased ratings for right knee disability and left knee disability have been met.  38 U.S.C.A. § 7105 (West 2002); 38 C.F.R. §§ 20.200, 20.201, 20.202, 20.204 (2012).  


REASONS AND BASES FOR FINDING AND CONCLUSION

Under the provisions of 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.  A Substantive Appeal may be withdrawn in writing at any time before the Board promulgates a decision.  38 C.F.R. §§ 20.202, 20.204.  Except for appeals withdrawn on the record at a hearing, appeal withdrawals must be made in writing.  38 C.F.R. § 20.204.

As noted above, in a statement dated in February 2013, the Veteran indicated that he wanted to withdraw all appeals since he was satisfied with recent grants of claims for TDIU and Chapter 35 benefits.  

As a result, there are no allegations of errors of fact or law for appellate consideration with regard to the issues certified for the Board's review at this time.  Accordingly, the Board does not have jurisdiction to review the appeal, and it is dismissed without prejudice.  


ORDER

The appeal as to entitlement to an increased disability rating for left knee disability is dismissed.  

The appeal as to entitlement to an increased disability rating for right knee disability is dismissed.  


	                        ____________________________________________
	D. MARTZ AMES
	Acting Veterans Law Judge, Board of Veterans' Appeals




Department of Veterans Affairs