Citation Nr: 1320423	
Decision Date: 06/25/13    Archive Date: 07/05/13

DOCKET NO.  11-26 260	)	DATE
	)
	)

On appeal from the
Department of Veterans Affairs Regional Office in Cleveland, Ohio


THE ISSUE

Entitlement to a disability rating in excess of 10 percent for right knee tendonitis and retropatellar pain syndrome.  


REPRESENTATION

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


ATTORNEY FOR THE BOARD

D. Havelka, Counsel



INTRODUCTION

The Veteran served on a period of active duty for training from March to June 2001 and on a period of active duty from January 2003 to April 2004.

This case came before the Board of Veterans' Appeals (Board) on appeal from a May 2010 rating decision by the Department of Veterans Affairs (VA) Regional Office (RO) in Cleveland, Ohio, which, in pertinent part, denied an increased rating for the Veteran's service-connected right knee disability.


FINDINGS OF FACT

In May 2013, prior to the promulgation of a decision in the appeal, the Veteran, through her representative, withdrew the appeal for entitlement to a disability rating in excess of 10 percent for right knee tendonitis and retropatellar pain syndrome.


CONCLUSION OF LAW

The appeal for entitlement to a disability rating in excess of 10 percent for right knee tendonitis and retropatellar pain syndrome has been withdrawn.  38 U.S.C.A. § 7105 (West 2002); 38 C.F.R. § 20.204 (2012).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  An appeal may be withdrawn as to any or all issues involved in the appeal at any time before the Board promulgates a decision.  38 C.F.R. § 20.204.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 appellant or by his or her authorized representative.  Except for appeals withdrawn on the record at hearings, the withdrawal must be in writing.  38 C.F.R. § 20.204.  

In May 2013 the Veteran, through her representative, submitted a letter indicating that her desire to withdraw the appeal for entitlement to a disability rating in excess of 10 percent for right knee tendonitis and retropatellar pain syndrome.  There remains no allegation of error of fact or law for the Board to address.  Accordingly, the Board does not have jurisdiction to review the appeal and dismissal is warranted.


ORDER

The appeal for entitlement to a disability rating in excess of 10 percent for right knee tendonitis and retropatellar pain syndrome is dismissed.  



____________________________________________
KATHLEEN K. GALLAGHER
Veterans Law Judge, Board of Veterans' Appeals

Department of Veterans Affairs