Citation Nr: 1319927	
Decision Date: 06/20/13    Archive Date: 07/02/13

DOCKET NO.  09-33 105	)	DATE
	)
	)

On appeal from the
Department of Veterans Affairs Regional Office in Chicago, Illinois


THE ISSUE

Entitlement to a rating in excess of 10 percent for residuals of herniated nucleus pulposis of L5-S1 with right-sided radiculitis.


REPRESENTATION

Appellant represented by:	Veterans of Foreign Wars of the United States


ATTORNEY FOR THE BOARD

B. Elwood, Associate Counsel



INTRODUCTION

The Veteran served on active duty from March 1961 to October 1969.

This matter initially came before the Board of Veterans' Appeals (Board) from a July 2006 rating decision of the Department of Veterans Affairs (VA) Regional Office (RO) in Chicago, Illinois.

In March 2012, the Board remanded this matter for further development.

In June 2012, the Appeals Management Center granted a separate rating for radiculopathy of the left lower extremity due to the Veteran's low back disability and assigned a 20 percent disability rating, effective from March 29, 2012.  


FINDING OF FACT

In August 2012, prior to the promulgation of a decision in the appeal, the Veteran withdrew from appeal his claim for an increased rating for residuals of herniated nucleus pulposis of L5-S1 with right-sided radiculitis.


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 FINDING 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  An appeal may be withdrawn as to any or all issues involved in the appeal at any time before the Board promulgates a decision.  38 C.F.R. § 20.204.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 in writing or on the record at a hearing on appeal.  Id.

In the present case, the Veteran submitted a signed statement in August 2012 that he wished to withdraw from appeal any remaining issues currently before the Board. As the Veteran has withdrawn the appeal, there remain no allegations of errors of fact or law for appellate consideration.  Accordingly, the Board does not have jurisdiction to review the issue of entitlement to a higher rating for residuals of herniated nucleus pulposus of L5-S1 with right-sided radiculitis.  


ORDER

The appeal is dismissed.



_______________________________
MARK F. HALSEY
Veterans Law Judge, Board of Veterans' Appeals



Department of Veterans Affairs