Citation Nr: 1322394	
Decision Date: 07/12/13    Archive Date: 07/18/13

DOCKET NO.  07-19 305	)	DATE
	)
	)

On appeal from the
Department of Veterans Affairs Regional Office in Pittsburgh, Pennsylvania


THE ISSUE

Entitlement to increases in the ratings for degenerative disc disease with degenerative joint disease of the lumbar spine (currently 10 percent prior to March 12, 2009 and 40 percent from that date).


REPRESENTATION

Appellant represented by:	Vietnam Veterans of America


WITNESS AT HEARING ON APPEAL

The Veteran and his spouse


ATTORNEY FOR THE BOARD

M. Young, Counsel


INTRODUCTION

The appellant is a Veteran who served on active duty from November 1968 to November 1971.  This matter is before the Board of Veterans' Appeals (Board) on appeal from a February 2006 rating decision of the Department of Veterans Affairs (VA) Regional Office (RO) in Pittsburgh, Pennsylvania.  In January 2008 a Central Office hearing was held; a transcript of the hearing is associated with the Veteran's claims file.  [The Acting Veterans Law Judge who conducted that hearing is unavailable; the case has been reassigned to the undersigned.]  In June 2009 this matter was before the Board, and was remanded for additional development.  An interim December 2009 rating decision increased the Veteran's rating for his lumbar spine disability to 40 percent, effective March 12, 2009; the RO also assigned a temporary 100 percent rating from July 17, 2008 to August 31, 2008 under 38 C.F.R. § 4.30.  In February 2013 this matter was again before the Board, and was remanded for additional development.  

In February 2013 the Board referred the matter of entitlement to a disability rating in excess of 20 percent for degenerative disc disease with degenerative joint disease of the cervical spine to the agency of original jurisdiction (AOJ) for appropriate action.  A review of the claims file reveals this matter has not yet been addressed by the AOJ; therefore, it is again referred to the AOJ for appropriate action.


FINDING OF FACT

In June 2013, prior to the promulgation of a decision in the appeal, the Veteran withdrew his appeal seeking increase in the ratings for degenerative disc disease with degenerative joint disease of the lumbar spine; there is no question of fact or law remaining before the Board in this matter.


CONCLUSION OF LAW

The criteria for withdrawal of a Substantive Appeal by the appellant are met; the Board has no further jurisdiction in the matter of the ratings for degenerative disc disease with degenerative joint disease of the lumbar spine.  38 U.S.C.A. §§ 7104, 7105(b)(2), (d)(5) (West 2002); 38 C.F.R. §§ 20.202, 20.204 (2012).


REASONS AND BASES FOR FINDING AND CONCLUSION

The Board has jurisdiction where there is a question of law or fact on appeal to the Secretary.  38 U.S.C.A. § 7104; 38 C.F.R. § 20.101.  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.  An appeal may be withdrawn in writing or on the record at a hearing at any time before the Board promulgates a decision.  38 C.F.R. § 20.204(b).  Withdrawal may be made by the appellant or by his authorized representative.  38 C.F.R. § 20.204(a).

In a June 19, 2013 letter to the Board, the Veteran's representative noted that the Veteran had expressed satisfaction with his "total disability rating" and desired to withdraw the appeal in the matter of the rating for degenerative disc disease with degenerative joint disease of the lumbar spine.  The Veteran has therefore withdrawn his appeal in this matter.  There remains no allegation of error of fact or law as to such issue for appellate consideration.  Accordingly, the Board does not have jurisdiction to review an appeal in the matter, and it must be dismissed.





ORDER

The appeal in the matter of the rating for degenerative disc disease with degenerative joint disease of the lumbar spine is dismissed.


____________________________________________
George R. Senyk
Veterans Law Judge, Board of Veterans' Appeals



Department of Veterans Affairs