Citation Nr: 1319670	
Decision Date: 06/18/13    Archive Date: 06/27/13

DOCKET NO.  07-17 151	)	DATE
	)


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


THE ISSUES

1.  Entitlement to an higher initial rating for degenerative disc disease with spinal stenosis/osteoarthritis L5-S1 status post laminectomy, rated 10 percent disabling, prior to May 11, 2012, and 60 percent disabling, since May 11, 2012.

2.  Entitlement to a higher initial rating for status post cervical spine fusion, rated 10 percent disabling, prior to May 11, 2012, and 60 percent disabling, since May 11, 2012.

3.  Entitlement to an higher initial rating for the residuals of a left knee arthroscopy, rated as noncompensable, prior to May 11, 2012, and 10 percent disabling, since May 11, 2012.

4.  Entitlement to a higher initial rating for gastroesophageal reflux disease (GERD), rated 10 percent disabling.

5.  Entitlement to a higher initial rating for a fractured coccyx, rated 10 percent disabling.

6.  Entitlement to an initial compensable rating for right foot onchomycosis.

7.  Entitlement to an initial compensable rating for left foot onchomycosis.

8.  Entitlement to service connection for the residual of pneumonia/spot on the lung.

9.  Entitlement to a total disability evaluation, based on individual unemployability, due to service-connected disabilities (TDIU).  


REPRESENTATION

Appellant represented by:	Disabled American Veterans


WITNESS AT HEARING ON APPEAL

The Veteran


ATTORNEY FOR THE BOARD

Terrence T. Griffin, Counsel


INTRODUCTION

The Veteran had active service from January 1968 to January 1972 and from April 1988 to March 2004.  

This matter comes before the Board of Veterans' Appeals (Board) on appeal from a May 2005 decision of the Salt Lake City, Utah, Regional Office (RO) and a January 2008 decision of the Waco, Texas, RO.  

In August 2011, the Veteran testified at a hearing before the undersigned Acting Veterans Law Judge (AVLJ) and a transcript of the proceeding is of record.
 

FINDINGS OF FACT

1.  The Veteran in this case served on active duty from January 18, 1968, to January 17, 1972, and from April 16, 1988, to March 5, 2004.

2.  On March 28, 2013, prior to the promulgation of a decision in the appeal, the Board received notification from the Veteran and his authorized representative, that a withdrawal of this appeal is requested.


CONCLUSION OF LAW

The criteria for withdrawal of an appeal by the Veteran 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.  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.  Withdrawal may be made by the Veteran or by his or her authorized representative.  Id.  

In the present case, the Veteran and his authorized representative have 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.



		
T. D. JONES
	Acting Veterans Law Judge, Board of Veterans' Appeals




Department of Veterans Affairs