Citation Nr: 1323241	
Decision Date: 07/22/13    Archive Date: 08/01/13

DOCKET NO.  09-06 781	)	DATE
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On appeal from the decision of the 
Department of Veterans Affairs Regional Office in Waco, Texas

	
THE ISSUES

1.  Entitlement to service connection for a right hip disorder.

2.  Entitlement to service connection for a left hip disorder. 

3.  Entitlement to service connection for an acquired psychiatric disorder, claimed as cognitive disorder and posttraumatic stress disorder (PTSD). 

4.  Entitlement to service connection for chest pain. 

5.  Entitlement to an initial disability rating in excess of 10 percent for left shoulder strain. 

6.  Entitlement to an initial disability rating in excess of 10 percent for bilateral pes planus and plantar fasciitis prior to December 11, 2012, and in excess of 30 percent thereafter. 

7.  Entitlement to an initial compensable disability rating for hypertension prior to October 17, 2012, and in excess of 10 percent thereafter. 

8.  Entitlement to an initial compensable disability rating for migraine headaches prior to October 17, 2012, and in excess of 10 percent thereafter.


REPRESENTATION

Appellant represented by:	Texas Veterans Commission


ATTORNEY FOR THE BOARD

D. M. Donahue, Associate Counsel 


INTRODUCTION

The Veteran served on active duty in the United States Army from August 1986 to March 2008.

This matter is before the Board of Veterans' Appeals (the Board) on appeal of an April 2008 rating decision issued by the Department of Veterans Affairs (VA) Regional Office (RO) in Salt Lake City, Utah.

A January 2013 rating decision by the RO in Waco, Texas, increased the Veteran's disability ratings for pes planus to 30 percent disabling effective December 11, 2012, and hypertension to 10 percent effective October 17, 2012.  As the grant did not represent a total grant of benefits sought on appeal, the claims for increase remain before the Board.  AB v. Brown, 6 Vet. App. 35 (1993).


FINDINGS OF FACT

1.  The Veteran in this case served on active duty from August 1986 to March 2008.

2.  On July 2, 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 appellant (or his or her authorized representative) 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 FINDINGS AND CONCLUSION

On July 2, 2013, the Board received a statement from the Veteran dated in March 2013 wherein, he wrote that he wished to cancel a pending hearing before the Board as well as his appeal to the Board.  He wrote that he was "completely satisfied with [his] last rating decision dated 1/23/13."

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 March 2013 statement from the Veteran shows his satisfaction with his disability evaluation and his desire to no longer pursue an appeal before the Board.  This statement constitutes a valid withdrawn of appeal.  Hence, there remains no allegation 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

Entitlement to service connection for a right hip disorder is dismissed.

Entitlement to service connection for a left hip disorder is dismissed. 

Entitlement to service connection for an acquired psychiatric disorder, claimed as cognitive disorder and posttraumatic stress disorder (PTSD) is dismissed. 

Entitlement to service connection for chest pain is dismissed. 

Entitlement to an initial disability rating in excess of 10 percent for left shoulder strain is dismissed. 

Entitlement to an initial disability rating in excess of 10 percent for bilateral pes planus and plantar fasciitis prior to December 11, 2012, and in excess of 30 percent thereafter, is dismissed. 

Entitlement to an initial compensable disability rating for hypertension prior to October 17, 2012, and in excess of 10 percent thereafter, is dismissed. 

Entitlement to an initial compensable disability rating for migraine headaches prior to October 17, 2012, and in excess of 10 percent thereafter, is dismissed.




		
DAVID L. WIGHT
	Veterans Law Judge, Board of Veterans' Appeals




Department of Veterans Affairs