Citation Nr: 1320372	
Decision Date: 06/25/13    Archive Date: 07/05/13

DOCKET NO.  09-19 649	)	DATE
	)
	)

On appeal from the
Department of Veterans Affairs Regional Office in St. Louis, Missouri


THE ISSUE

Entitlement to a rating in excess of 10 percent for spondylolisthesis with spinal fusion, with complaints of paresthesias to right thigh and lateral lower leg (spondylolisthesis).


REPRESENTATION

Appellant represented by:	American Legion


ATTORNEY FOR THE BOARD

J. Chapman, Associate Counsel





INTRODUCTION

The appellant is a Veteran who served on active duty from December 1986 to December 2006.  This matter is before the Board of Veterans' Appeals (Board) on appeal from a July 2007 rating decision by the St. Louis, Missouri Department of Veterans Affairs (VA) Regional Office (RO), which granted the Veteran service connection for spondylolisthesis, rated 0 percent, effective January 1, 2007.  A March 2009 rating decision increased the Veteran's rating to 10 percent, also  effective January 1, 2007.


FINDING OF FACT

In July 2010, prior to the promulgation of a Board decision in the matter of an initial rating for spondylolisthesis, the Veteran requested a withdrawal of her appeal.


CONCLUSION OF LAW

The criteria for withdrawal of an appeal are met as to the Veteran's claim seeking an increased rating for spondylolisthesis; the Board has no further jurisdiction to consider an appeal in the matter.  38 U.S.C.A. § 7105(d)(5) (West 2002); 38 C.F.R. § 20.204 (2012).


REASONS AND BASES FOR FINDING AND CONCLUSION

Given the Veteran's expression of intent to withdraw her appeal in this matter, discussion of the impact of the Veterans Claims Assistance Act of 2000 (VCAA) (See 38 U.S.C.A. §§ 5100, 5102, 5103, 5103A, 5107, 5126; 38 C.F.R. §§ 3.102, 3.159, and 3.326(a)) on this claim is not necessary.  

The Board has jurisdiction where there is a question of fact or law in any matter which under 38 U.S.C.A. § 511(a) is subject to a decision by the Secretary.  38 U.S.C.A. § 7104.  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  An appeal may be withdrawn by the appellant or by his or her authorized representative at any time before the Board promulgates a decision in the matter.  38 C.F.R. § 20.204.  A withdrawal of an appeal is effective when received.  38 C.F.R. § 20.204(b)(3).

In a written statement dated (and received at the RO) on July 21, 2010 , the Veteran submitted an appeal cancellation form, requesting cancellation of all issues on appeal.  As this is a request for withdrawal of her claim (seeking an initial rating for spondylolisthesis), there is no allegation of error of fact or law with respect to this claim remaining for appellate consideration.  Accordingly, the Board does not have jurisdiction to consider the appeal in this matter..


ORDER

The Veteran's appeal seeking an increased rating for spondylolisthesis is dismissed.


____________________________________________
GEORGE R. SENYK
Veterans Law Judge, Board of Veterans' Appeals



Department of Veterans Affairs