Citation Nr: 1323768	
Decision Date: 07/25/13    Archive Date: 08/06/13

DOCKET NO.  09-39 602	)	DATE
	)


On appeal from the decision of the 
Department of Veterans Affairs Regional Office in Detroit, Michigan


THE ISSUES

1.  Entitlement to an initial disability rating in excess of 10 percent for coronary artery disease, status post coronary artery bypass graft, prior to April 24, 2012.

2.  Entitlement to a staged initial disability rating in excess of 60 percent for coronary artery disease, status post coronary artery bypass graft, from April 24, 2012.


REPRESENTATION

Appellant represented by:	Vietnam Veterans of America



ATTORNEY FOR THE BOARD

Anthony M. Flamini, Counsel
INTRODUCTION

The Veteran served on active duty from May 1967 to October 1972.

These matters come to the Board of Veterans' Appeals (Board) on appeal from a rating decision dated in September 2007 by the Department of Veterans Affairs (VA) Regional Office (RO) in Detroit, Michigan.  

The September 2007 rating decision on appeal granted service connection for the disability at issue, and assigned a 10 percent initial evaluation, effective from June 2, 2005.  During the pendency of the appeal, a rating decision dated in December 2012, granted an increased staged initial rating of 60 percent, effective from April 24, 2012


FINDING OF FACT

On July 11, 2013, prior to the promulgation of a decision in the appeal, the Board received notification from the appellant, through his authorized representative, that a withdrawal of this appeal is requested.


CONCLUSION OF LAW

The criteria for withdrawal of the appeal for an initial rating in excess of 10 percent prior to April 24, 2012, and a staged initial rating in excess of 60 percent from April 24, 2012, for coronary artery disease, status post coronary artery bypass graft, by the appellant, through his 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 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  An appeal may be withdrawn as to any or all issues involved in the appeal at any time before the Board promulgates a decision.  38 C.F.R. § 20.204 (2012).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 appellant , through his authorized representative, 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.




		
U. R. POWELL
	Veterans Law Judge, Board of Veterans' Appeals




Department of Veterans Affairs