Citation Nr: 1320427	
Decision Date: 06/25/13    Archive Date: 07/05/13

DOCKET NO.  11-18 484A	)	DATE
	)
	)

On appeal from the
Department of Veterans Affairs Regional Office in Indianapolis, Indiana


THE ISSUES

1.  Entitlement to an initial evaluation in excess of 30 percent for posttraumatic stress disorder (PTSD) and parasomnia.

2.  Entitlement to an initial evaluation in excess of 10 percent for right knee patellofemoral syndrome.

3.  Entitlement to an initial evaluation in excess of 10 percent for left knee patellofemoral syndrome.

4.  Entitlement to an initial evaluation in excess of 10 percent for lumbar strain and intervertebral disc syndrome (IVDS).  

5.  Entitlement to an initial evaluation in excess of 10 percent for tinnitus.  

6.  Entitlement to an initial evaluation in excess of 10 percent for right hip strain.  

7.  Entitlement to an initial evaluation in excess of 10 percent for left hip strain.  

8.  Entitlement to an initial evaluation in excess of 10 percent for right shoulder strain.  

9.  Entitlement to an initial evaluation in excess of 10 percent for right foot pressure neuralgia.  


REPRESENTATION

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


WITNESS AT HEARING ON APPEAL

Appellant


ATTORNEY FOR THE BOARD

S. Mishalanie, Counsel


INTRODUCTION

The Veteran served on active duty from July 2005 to July 2009.  

This matter comes before the Board of Veterans' Appeals (Board) on appeal from rating decision by the Department of Veterans Affairs (VA) Regional Office (RO) in Winston-Salem, North Carolina.  The RO in Indianapolis, Indiana, certified the appeal to the Board.

In October 2012, the Veteran testified at a videoconference hearing before the undersigned Acting Veterans Law Judge; a transcript of the hearing is of record.  

This appeal was processed using the Virtual VA paperless claims processing system.  Accordingly, any future consideration of this appellant's case should take into consideration the existence of this electronic record.


FINDING OF FACT

At the October 2012 Board hearing, prior to the promulgation of a decision, the Veteran indicated that he wished to withdraw his appeal in its entirety.  


CONCLUSION OF LAW

The criteria for withdrawal of a substantive appeal for the issues on appeal have been met.  38 U.S.C.A. § 7105(b)(2), (d)(5) (West 2002); 38 C.F.R. §§ 20.202, 20.204 (2012).


REASONS AND BASES FOR FINDING AND CONCLUSION

Under 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 on the record at a hearing or in writing at any time before the Board promulgates a decision.  38 C.F.R. § 20.204 (2012).  At the October 2012 Board hearing, the Veteran indicated that he wished to withdraw his appeal in its entirety; 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. 



____________________________________________
STEPHANIE L. CAUCUTT
Acting Veterans Law Judge, Board of Veterans' Appeals

Department of Veterans Affairs