Citation Nr: 1320568	
Decision Date: 06/26/13    Archive Date: 07/05/13

DOCKET NO.  10-40 728	)	DATE
	)


On appeal from the decision of the 
Department of Veterans Affairs Regional Office in St. Petersburg, Florida


THE ISSUES

1.  Entitlement to an increased rating for service-connected cervical degenerative disc disease with severe mechanical neck pain and loss of range of motion with radiculopathy (previously called mild degenerative changes of the cervical spine), currently evaluated as 10 percent disabling.

2.  Entitlement to an increased rating for service-connected chronic left shoulder subacromial bursitis, status post arthroscopy (also claimed as chronic rupture of the long head of biceps) (previously rated as partial rotator cuff tear with metallic artifact to bullet) (minor), currently evaluated as 20 percent disabling. 


REPRESENTATION

Appellant represented by:	Disabled American Veterans


ATTORNEY FOR THE BOARD

Tanya A. Smith, Counsel


INTRODUCTION

The Veteran had active service from November 1968 to July 1970.

This matter comes before the Board of Veterans' Appeals (Board) on appeal from an August 2009 rating decision of the Department of Veterans Affairs (VA) Regional Office (RO) in St. Petersburg, Florida.  

The Veteran was scheduled for a Travel Board hearing in April 2013, but he did not appear.  As such, his request is considered withdrawn under 38 C.F.R. § 20.702(d) (2012) and in light of his withdrawal of the appeal. 


FINDING OF FACT

In June 2013, prior to the promulgation of a decision in the appeal, the Board received notification from the Veteran 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 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 (West 2002).  An appeal may be withdrawn as to any or all issues involved in the appeal at any time before the Board promulgates a decision.  38 C.F.R. § 20.204 (2012).  Withdrawal may be made by the appellant or by his or her authorized representative.  38 C.F.R. § 20.204.  In the present case, the Veteran has withdrawn this appeal and, hence, there remain no allegations of errors of fact or law for appellate consideration.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.



		
K. OSBORNE
	Veterans Law Judge, Board of Veterans' Appeals




Department of Veterans Affairs