Citation Nr: 1324405	
Decision Date: 07/31/13    Archive Date: 08/07/13

DOCKET NO.  09-27 737A	)	DATE
	)


On appeal from the decision of the 
Department of Veterans Affairs Regional Office in Oakland, California


THE ISSUES

1.  Entitlement to an increased rating for post operative left foot, 1st metatarsal cuneiform with post operative degenerative changes, currently evaluated as 10 percent disabling.

2.  Entitlement to an initial rating in excess of 20 percent for S1 radicular decreased sensation, left leg, associated with degenerative disc disease of the lumbar spine.


REPRESENTATION

Appellant represented by:	California Department of Veterans Affairs




ATTORNEY FOR THE BOARD

S.K.C. Boyce, Associate Counsel


INTRODUCTION

The Veteran had active military service from January 1992 to July 1995.

This matter comes before the Board of Veterans' Appeals (Board) from a September 2008 rating decision of the above Regional Office (RO) of the Department of Veterans Affairs (VA) which granted entitlement to service connection for S1 radicular decreased sensation, left leg, associated with degenerative disc disease of the lumbar spine, and assigned a 10 percent rating, effective from February 26, 2008, and denied entitlement to an increased rating for a service-connected post-operative left foot, 1st metatarsal cuneiform, with post-operative degenerative changes, currently rated as 10 percent disabling.

Subsequently, in a July 2009 rating decision, the RO increased the Veteran's initial disability rating for S1 radicular decreased sensation, left leg, to 20 percent.  The issue on appeal was recharacterized to reflect the higher disability rating granted by the RO.  Lastly, the Board notes that the RO granted a total rating based on individual unemployability due to service-connected disability (TDIU) in a rating decision dated August 2010, effective from June 15, 2009, the date his claim for an increased rating was received.  


FINDING OF FACT

On July 25, 2013, prior to the promulgation of a decision in the appeal, the Board received notification from the appellant that a withdrawal of this appeal is requested.


CONCLUSION OF LAW

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 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 (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 withdrawn this appeal and, 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

The appeal is dismissed.




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




Department of Veterans Affairs