Citation Nr: 1324391	
Decision Date: 07/31/13    Archive Date: 08/07/13

DOCKET NO.  10-44 231	)	DATE
	)


On appeal from the decision of the 
Department of Veterans Affairs (VA) Regional Office (RO) in 
St. Petersburg, Florida


THE ISSUES

1.  Entitlement to an evaluation in excess of 20 percent for degenerative disc disease and spondyloarthritis of the lumbar spine prior to April 29, 2013 and in excess of 40 percent disabling as of April 29, 2013. 

2. Entitlement to an initial compensable evaluation for allergic rhinitis prior to August 23, 2010 and a rating in excess of 10 percent as of August 23, 2010.


REPRESENTATION

Appellant represented by:	Disabled American Veterans



ATTORNEY FOR THE BOARD

Harold A. Beach, Counsel


INTRODUCTION

The Veteran served on active duty from June 1971 to January 1976.  

This matter comes to the Board of Veteran's Appeals (Board) on appeal from a March 2009 RO decision. In April 2013, the Board remanded the matter.  By a May 2013 RO decision, the RO granted increased ratings for a low back disability and allergic rhinitis. 


FINDINGS OF FACT

1.  On July 8, 2013, prior to the promulgation of a decision in the appeal, the Veteran informed the Board that he wished to withdraw his appeal with respect to the issue of a higher rating for allergic rhinitis.

2.  On July 8, 2013, prior to the promulgation of a decision in the appeal, the Veteran informed the Board that he wished to withdraw his appeal with respect to the issue of a higher rating for degenerative disc disease and spondyloarthritis of the lumbar spine.  


CONCLUSIONS OF LAW

1. With respect to the issue of entitlement to an increased rating for allergic rhinitis, the criteria for withdrawal of an appeal by the appellant have been met.  38 U.S.C.A. § 7105(b)(2), (d)(5) (West 2002); 38 C.F.R. § 20.204 (2012).

2.  With respect to the issue of entitlement to an increased rating for degenerative disc disease and spondyloarthritis of the lumbar spine, the criteria for withdrawal of an appeal by the appellant 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 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 (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  An appeal may be withdrawn as to any or all issues involved in the appeal at any time before the Board promulgates a decision.  38 C.F.R. § 20.204 (2012).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 appellant has requested that the Board withdraw his appeal with respect to the issues of entitlement to increased ratings for allergic rhinitis and degenerative disc disease and spondyloarthritis of the lumbar spine.  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

With respect to the issue of entitlement to an increased rating for allergic rhinitis, the appeal is dismissed.


With respect to the issue of entitlement to an increased rating for degenerative disc disease and spondyloarthritis of the lumbar spine, the appeal is dismissed.  



		
K. Parakkal
	Veterans Law Judge, Board of Veterans' Appeals




Department of Veterans Affairs