Citation Nr: 1323776	
Decision Date: 07/25/13    Archive Date: 08/06/13

DOCKET NO.  09-11 313	)	DATE
	)
  )

On appeal from the decision of the 
Department of Veterans Affairs Regional Office in 
Montgomery, Alabama


THE ISSUE

Entitlement to an initial compensable rating for burn scars.


REPRESENTATION

Appellant represented by:	Disabled American Veterans


ATTORNEY FOR THE BOARD

L. Barstow, Counsel



INTRODUCTION

The Veteran had active military service from January 1960 to February 1980.

This matter comes before the Board of Veterans' Appeals (Board) on appeal from a June 2006 rating decision of the Department of Veterans Affairs (VA) Regional Office (RO) Montgomery, Alabama.  

The issue was remanded in December 2012.  Following the Board's remand, in a March 2013 rating decision, the Appeals Management Center (AMC) assigned separate 10 percent ratings for residuals of burn scars of the left inner thigh, right inner and anterior thigh and left hand, effective the date of the Veteran's claim.  


FINDING OF FACT

In July 2013, prior to the promulgation of a decision in the appeal, the Veteran withdrew from appellate review his appeal of the claim for an initial compensable rating for burn scars.


CONCLUSION OF LAW

The criteria for withdrawal of an appeal of the claim for an initial compensable rating for burn scars by the Veteran 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  An appeal may be withdrawn as to any or all issues involved in the appeal at any time before the Board promulgates a decision.  38 C.F.R. § 20.204 (2012).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In the present case, the Veteran expressed satisfaction with the 10 percent ratings assigned to his burn scars and has withdrawn the appeal of his claim for an initial compensable rating for burn scars.  See July 2013 statement.  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 of the issue of an initial compensable rating for burn scars is dismissed.



		
MICHAEL MARTIN 
	Veterans Law Judge, Board of Veterans' Appeals




Department of Veterans Affairs