Citation Nr: 1324332	
Decision Date: 07/31/13    Archive Date: 08/07/13

DOCKET NO.  11-29 928	)	DATE
	)
	)

On appeal from the
Department of Veterans Affairs Regional Office in Cleveland, Ohio



THE ISSUE

Entitlement to a rating in excess of 30 percent for a left foot disability (ankylosis and fracture os calcis with foot callosities and valgus deformity of the heel and foot).



REPRESENTATION

Appellant represented by:	Disabled American Veterans



ATTORNEY FOR THE BOARD

J. Chapman, Associate Counsel


INTRODUCTION

The appellant is a Veteran who served on active duty from February 1946 to May 1947.  This matter is before the Board of Veterans' Appeals (Board) on appeal from a March 2011 rating decision by the Cleveland, Ohio Department of Veterans Affairs (VA) Regional Office (RO), which continued a 30 percent rating for the left foot disability.  A Travel Board hearing was scheduled for June 6, 2013, but was cancelled at the request of the Veteran.

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 May 2013, prior to the promulgation of a Board decision in the matter of a rating in excess of 30 percent for a left foot disability, the Veteran requested a withdrawal of his appeal in the matter.


CONCLUSION OF LAW

The criteria for withdrawal of an appeal are met as to the Veteran's claim seeking an increased rating for a left foot disability; the Board has no further jurisdiction to consider an appeal in the matter.  38 U.S.C.A. § 7105(d)(5) (West 2002); 38 C.F.R. § 20.204 (2012).


REASONS AND BASES FOR FINDING AND CONCLUSION

Given the Veteran's expression of intent to withdraw his appeal in this matter, discussion of the impact of the Veterans Claims Assistance Act of 2000 (VCAA) (See 38 U.S.C.A. §§ 5100, 5102, 5103, 5103A, 5107, 5126; 38 C.F.R. §§ 3.102, 3.159, and 3.326(a)) on this claim is not necessary.  
The Board has jurisdiction where there is a question of fact or law in any matter which under 38 U.S.C.A. § 511(a) is subject to a decision by the Secretary.  38 U.S.C.A. § 7104.  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  An appeal may be withdrawn by the appellant or by his or her authorized representative at any time before the Board promulgates a decision in the matter.  38 C.F.R. § 20.204.  A withdrawal of an appeal is effective when received.  38 C.F.R. § 20.204(b)(3).

In a written statement dated May 11, 2013 (received at the RO on May 14, 2013), the Veteran submitted a hearing cancellation form, also requesting withdrawal of the issue on appeal.  As this is a request for withdrawal of his claim (seeking an increased rating for a left foot disability), there is no allegation of error of fact or law with respect to this claim remaining for appellate consideration.  Accordingly, the Board does not have jurisdiction to consider the appeal in this matter.


ORDER

The Veteran's appeal seeking a rating in excess of 30 percent for a left foot disability is dismissed.


____________________________________________
GEORGE R. SENYK
Veterans Law Judge, Board of Veterans' Appeals



Department of Veterans Affairs