Citation Nr: 1323948	
Decision Date: 07/26/13    Archive Date: 08/06/13

DOCKET NO.  07-37 729	)	DATE
	)
	)

On appeal from the
Department of Veterans Affairs Regional Office in Phoenix, Arizona


THE ISSUES

1.  Entitlement to a disability rating higher than 10 percent for residuals of injury of the lumbosacral spine with degenerative joint disease.

2.  Entitlement to a disability rating higher than 10 percent for degenerative arthritis with painful motion, right hand.

3.  Entitlement to a disability rating higher than 10 percent for degenerative arthritis with painful motion, left hand.

4.  Entitlement to a disability rating higher than 10 percent for epicondylitis, right elbow.

5.  Entitlement to a disability rating higher than 10 percent for arthralgia, left elbow.


REPRESENTATION

Appellant represented by:	Arizona Department of Veterans Services
ATTORNEY FOR THE BOARD

T. Adams, Counsel


INTRODUCTION

The Veteran served on active duty from September 1950 to October 1974.

This matter comes to the Board of Veterans' Appeals (Board) on appeal from a December 2005 rating decision of the Department of Veterans Affairs (VA) Regional Office (RO) in Phoenix, Arizona. 

The Board has reviewed the Veteran's physical claims file, and his electronic file through the "Virtual VA" system, to ensure a complete review of the evidence in this case.

Please note this appeal has been advanced on the Board's docket pursuant to 38 C.F.R. § 20.900(c) (2012).  38 U.S.C.A. § 7107(a)(2) (West 2002).


FINDING OF FACT

In July 2013, prior to the promulgation of the Board's decision in the appeal, the Board received the Veteran's written statement indicating that he desired to withdraw his appeal.


CONCLUSION OF LAW

The criteria for withdrawal of this appeal by the Veteran have been met.  38 U.S.C.A. § 7105 (West 2002 & Supp. 2012); 38 C.F.R. §§ 20.202, 20.204 (2012).

REASONS AND BASES FOR FINDING AND CONCLUSION

Under 38 U.S.C.A. § 7105, the Board may dismiss any appeal that fails to allege specific error of fact or law in the determination being appealed.  A substantive appeal may be withdrawn in writing at any time before the Board promulgates a decision.  38 C.F.R. § 20.202.  Withdrawal may be made by the appellant or his authorized representative.  38 C.F.R. § 20.204.

In a statement received by the Board in July 2013, the Veteran indicated that he wished to withdraw his appeal with respect to the issues at hand.  This is certainly permissible under the Board's rules of practice.  See 38 C.F.R. § 20.204.  Given the Veteran's clear intent to withdraw his appeal in this matter, further action by the Board in the matter would not be appropriate.  38 U.S.C.A. § 7105.


ORDER

The appeal seeking entitlement to a disability rating higher than 10 percent for residuals of injury of the lumbosacral spine with degenerative joint disease; a disability rating higher than 10 percent for degenerative arthritis with painful motion, right hand; a disability rating higher than 10 percent for degenerative arthritis with painful motion, left hand; a disability rating higher than 10 percent for epicondylitis, right elbow; and a disability rating higher than 10 percent for arthralgia, left elbow is dismissed.



____________________________________________
JONATHAN B. KRAMER
Veterans Law Judge, Board of Veterans' Appeals


Department of Veterans Affairs