Citation Nr: 1322733	
Decision Date: 07/17/13    Archive Date: 07/24/13

DOCKET NO.  09-48 728	)	DATE
	)
	)

On appeal from the
Department of Veterans Affairs Regional Office in Roanoke, Virginia


THE ISSUE

Entitlement to higher ratings for left knee quadriceps insertional tendonitis, evaluated as noncompensably (0 percent) disabling prior to September 5, 2012 and 10 percent disabling from that date.  


REPRESENTATION

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


ATTORNEY FOR THE BOARD

M. Zawadzki, Counsel


INTRODUCTION

The Veteran served on active duty from December 1986 to December 2007.  

This matter comes before the Board of Veterans' Appeals (Board) on appeal from an April 2009 rating decision issued by the Department of Veterans Affairs (VA) Regional Office (RO) in Roanoke, Virginia in which the RO granted service connection and assigned an initial noncompensable (0 percent) rating for left knee quadriceps insertional tendonitis, effective January 1, 2008.  In an October 2012 rating decision, the RO granted a 10 percent rating for this disability, effective September 5, 2012.  

In his December 2009 VA Form 9 (substantive appeal) the Veteran requested a hearing before a Veterans Law Judge in Washington, D.C.  A May 2013 letter advised him that his hearing was scheduled for July 2013.  Prior to the date of the hearing, the Veteran withdrew his appeal.  


FINDING OF FACT

In July 2013, prior to the promulgation of a decision in the appeal, the Veteran indicated that he wished to withdraw from appeal the claim of entitlement to higher ratings for left knee quadriceps insertional tendonitis, evaluated as noncompensably (0 percent) disabling prior to September 5, 2012 and 10 percent disabling from that date.  


CONCLUSION OF LAW

The criteria for withdrawal of an appeal by the Veteran as to the claim of entitlement to higher ratings for left knee quadriceps insertional tendonitis, evaluated as noncompensably (0 percent) disabling prior to September 5, 2012 and 10 percent disabling from that date, 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).  A substantive appeal may be withdrawn on the record during a hearing, and at any time before the Board promulgates a decision.  See 38 C.F.R. §§ 20.202, 20.204 (2012).  Withdrawal may be made by the Veteran or by his or her authorized representative.  See 38 C.F.R. § 20.204.  In July 2013, the Veteran withdrew from appeal the claim of entitlement to higher ratings for left knee quadriceps insertional tendonitis.  Thus, there remain no allegations of errors of fact or law for appellate consideration with respect to this matter.  Accordingly, the Board does not have jurisdiction to review this claim, and it must be dismissed.


ORDER

The appeal as to the claim of entitlement to higher ratings for left knee quadriceps insertional tendonitis, evaluated as noncompensably (0 percent) disabling prior to September 5, 2012 and 10 percent disabling from that date, is dismissed.  




____________________________________________
Vito A. Clementi
Veterans Law Judge, Board of Veterans' Appeals



Department of Veterans Affairs