Citation Nr: 1323807	
Decision Date: 07/25/13    Archive Date: 08/06/13

DOCKET NO.  10-00 177A	)	DATE
	)
	)

On appeal from the
Department of Veterans Affairs Regional Office in Denver, Colorado


THE ISSUES

1.  Whether the reduction from 30 percent to 0 percent for sinusitis, effective April 1, 2009, was proper.

2.  Entitlement to a compensable disability rating for sinusitis prior to December 8, 2012, and a rating in excess of 10 percent since.  


REPRESENTATION

Appellant represented by:	Colorado Division of Veterans Affairs


ATTORNEY FOR THE BOARD

Tiffany Berry, Counsel 



INTRODUCTION

The Veteran served on active duty from January 1999 to January 2003. 

This matter comes to the Board of Veterans' Appeals (Board) on appeal from April 2009 and January 2013 rating decisions of the Department of Veterans Affairs (VA) Regional Office (RO) in Denver, Colorado.  

The April 2009 rating decision on appeal reduced the Veteran's disability rating for sinusitis from 30 percent to 0 percent, effective from April 1, 2009.  The January 2013 rating decision increased the Veteran's disability rating for sinusitis to 10 percent, effective December 8, 2012.  


FINDINGS OF FACT

1.  On a May 2013 statement submitted prior to the promulgation of a decision in the appeal, the Veteran withdrew her appeal as to the issue of the propriety of the reduction from 30 percent to 0 percent for sinusitis.  

2.  On a May 2013 statement submitted prior to the promulgation of a decision in the appeal, the Veteran withdrew her appeal as to the issue of entitlement to a compensable disability rating for sinusitis prior to December 8, 2012, and a rating in excess of 10 percent since.  


CONCLUSIONS OF LAW

1.  The criteria for withdrawal of the appeal of the issue of the propriety of the reduction from 30 percent to 0 percent for sinusitis are met.  38 U.S.C.A. § 7105(b)(2), (d)(5) (West 2002); 38 C.F.R. § 20.204 (2012).

2.  The criteria for withdrawal of the appeal of the issue of entitlement to a compensable disability rating for sinusitis prior to December 8, 2012, and a rating in excess of 10 percent since are 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 CONCLUSIONS

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.  An appeal may be withdrawn as to any or all issues involved in the appeal at any time before the Board promulgates a decision.  38 C.F.R. § 20.204.  Withdrawal may be made by the appellant or by his or her authorized representative.  38 C.F.R. § 20.204. 

In a statement dated May 16, 2013, and received by the Board on July 18, 2013, the Veteran indicating that she wished to withdraw from appellate consideration her appeal as she is satisfied with the decision.  

The Board finds that the Veteran's written statement indicating her intention to withdraw her claims on appeal satisfies the requirements for the withdrawal of a substantive appeal.  See, e.g., Tomlin v. Brown, 5 Vet. App. 355 (1993).  

As the Veteran has withdrawn her appeals concerning the propriety of the reduction from 30 percent to 0 percent for sinusitis, and entitlement to a compensable disability rating for sinusitis prior to December 8, 2012, and a rating in excess of 10 percent since, there remain no allegations of errors of fact or law for appellate consideration.  Accordingly, the Board does not have jurisdiction to review these claims on appeal and they are dismissed. 


ORDER

The appeal as to the claim of the propriety of the reduction from 30 percent to 0 percent for sinusitis is dismissed.  

The appeal as to the claim of entitlement to a compensable disability rating for sinusitis prior to December 8, 2012, and a rating in excess of 10 percent since is dismissed.  



____________________________________________
MICHAEL E. KILCOYNE
Veterans Law Judge, Board of Veterans' Appeals



Department of Veterans Affairs