Citation Nr: 1324075	
Decision Date: 07/29/13    Archive Date: 08/07/13

DOCKET NO.  09-16 126	)	DATE
	)


On appeal from the decision of the 
Department of Veterans Affairs Regional Office in San Juan, the Commonwealth of Puerto Rico


THE ISSUES

1.  Entitlement to an increased disability rating in excess of 20 percent for spinal stenosis, narrowing of the central foramina, L4-5 disc protrusion with thecal sac compression, for the period since October 16, 2009.

2.  Entitlement to an initial disability rating in excess of 10 percent for degenerative joint disease and Achilles enthesopathy, residual of a right ankle sprain.

3.  Entitlement to an increased, staged disability rating for residuals of a left ankle sprain in excess of 10 percent, for the period since October 16, 2009.

4.  Entitlement to an initial disability rating in excess of 10 percent for chondromalacia patella, plica syndrome, and degenerative joint disease of the right knee.

5.  Entitlement to an initial disability rating in excess of 10 percent for bilateral maxillary sinusitis.

6.  Entitlement to an initial compensable disability rating for hypertension.

7.  Entitlement to an initial compensable disability rating for residuals, status-post right inguinal hernia surgery.

8.  Entitlement to an initial compensable disability rating for left varicocelectomy with associated fertility problems.

9.  Entitlement to service connection for bicipital impingement syndrome of the right shoulder.

10.  Entitlement to service connection for a right wrist disability.

11.  Entitlement to service connection for corns of the feet.

12.  Entitlement to service connection for a prostate disability.


REPRESENTATION

Appellant represented by:	Veterans of Foreign Wars of the United States


ATTORNEY FOR THE BOARD

J. Hager, Counsel


INTRODUCTION

The Veteran had active service from August 1986 to January 2007.
These matters initially came before the Board of Veterans' Appeals (Board) on appeal from January 2008 and January 2009 rating decision by the Department of Veterans Affairs (VA) Regional Office (RO) in San Juan, Puerto Rico.

In July 2012, the Board remanded these claims to the RO, via the Appeals Management Center (AMC).  The Board also denied other claims in its July 2012 decision; those claims are therefore no longer before the Board.


FINDINGS OF FACT

1.  On March 13, 2013, prior to the promulgation of a decision in the appeal, the Board received notification from the appellant that he wished to withdraw his appeal of the issues remanded to AMC by the Board in its July 2012 decision.

2.  In July 2013, the appellant's representative confirmed that he wished to withdraw his appeal.


CONCLUSION OF LAW

The criteria for withdrawal of an appeal by the appellant or 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 FINDINGS 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.  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 authorized representative.  Id. 

In the present case, the appellant and his representative have indicated that he wishes to withdraw his appeal with regard to the claims remanded to the AMC by the Board in its July 2012 decision.  As those are the only claims over which the Board has jurisdiction in this case, 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.




		
JOHN J. CROWLEY
	Veterans Law Judge, Board of Veterans' Appeals




Department of Veterans Affairs