Citation Nr: 1321644	
Decision Date: 07/05/13    Archive Date: 07/12/13

DOCKET NO.  08-15 850	)	DATE
	)
	)

On appeal from the
Department of Veterans Affairs Regional Office in Atlanta, Georgia


THE ISSUES

1.  Entitlement to service connection for residuals of a cervical spine injury with spondylosis, to include as secondary to service-connected lumbar spondylosis.

2.  Entitlement to a higher disability rating for lumbar spondylosis, rated as 10 percent disabling prior to January 5, 2007; as 20 percent disabling from January 5, 2007, to February 22, 2013; and as 40 percent disabling thereafter.


REPRESENTATION

Appellant represented by:	Disabled American Veterans


ATTORNEY FOR THE BOARD

C. Fleming, Counsel


INTRODUCTION

The Veteran served on active duty from August 1993 to March 2000.  

This matter comes before the Board of Veterans' Appeals (Board) on appeal from rating decisions by the Department of Veterans Affairs (VA) Regional Office (RO) in Atlanta, Georgia.  In October 2005, the RO granted service connection for lumbar strain and assigned a 10 percent evaluation, effective December 30, 2004.  In June 2006, the RO denied service connection for cervical stenosis.  In August 2007, the RO increased the evaluation for the Veteran's lumbar spine disability to 20 percent, effective January 5, 2007; the evaluation was again increased in a May 2013 rating decision in which the RO assigned a disability rating of 40 percent for lumbar spondylosis, effective February 22, 2013.  The Board remanded the issues, most recently in January 2013. 

The Veteran requested a hearing in his substantive appeals dated in May 2008 and December 2008.  A hearing was scheduled for December 2, 2010; however, the Veteran withdrew his hearing request in November 2010.  See 38 C.F.R. § 20.704 (e)(2012).


FINDING OF FACT

In May 2013, prior to the Board's promulgation of a decision in the appeal, VA received a statement from the Veteran in which he expressed his desire to withdraw his appeal.


CONCLUSION OF LAW

The criteria for withdrawal by the Veteran of a substantive appeal of the issues of entitlement to service connection for residuals of a cervical spine injury with spondylosis and a higher disability rating for lumbar spondylosis have been met.  38 U.S.C.A. § 7105 (West 2002); 38 C.F.R. §§ 20.202, 20.204 (2012).


REASONS AND BASES FOR FINDING AND CONCLUSION

The Board may dismiss any appeal that fails to allege specific error of fact or law in the determination being appealed. 38 U.S.C.A. § 7105(d)(5); 38 C.F.R. § 20.202 (2012).  A substantive appeal may be withdrawn in writing and is effective when received by the RO prior to the appeal being transferred to the Board, or when received by the Board before it issues a final decision.  38 C.F.R. § 20.204(b) (2012).  Withdrawal may be made by the appellant or by his or her authorized representative.  38 C.F.R. § 20.204(a) (2012).

By a May 2013 signed statement, prior to the issuance of a decision by the Board, the Veteran stated that he wished to withdraw his appeal.  Thus, there remain no allegations of errors of fact or law for appellate consideration concerning the claims of entitlement to service connection for residuals of a cervical spine injury with spondylosis and entitlement to higher disability ratings for lumbar spondylosis.  The Board will therefore dismiss the appeal.


ORDER

The appeal is dismissed.



____________________________________________
J. M. MARKEY
Veterans Law Judge, Board of Veterans' Appeals



Department of Veterans Affairs