Citation Nr: 0006828 Decision Date: 03/14/00 Archive Date: 03/17/00 DOCKET NO. 93-02 176A ) DATE ) On appeal from the decision of the Department of Veterans Affairs Regional Office in Roanoke, Virginia THE ISSUES 1. Entitlement to an evaluation in excess of 20 percent for status post-meniscectomy of the left knee, on appeal from the initial evaluation. 2. Entitlement to an evaluation in excess of 10 percent for varicose veins and thrombophlebitis of the right lower extremity, on appeal from the initial evaluation. REPRESENTATION Appellant represented by: Disabled American Veterans ATTORNEY FOR THE BOARD A. Pitts, Associate Counsel FINDINGS OF FACT 1. The veteran in this case served on active duty from January 1970 to August 1991. 2. On February 8, 2000, prior to the promulgation of a decision in the appeal, the Board received notification, dated January 24, 2000, from the appellant that a withdrawal of this appeal is requested. CONCLUSION OF LAW The criteria for withdrawal of a Substantive Appeal by the appellant have been met. 38 U.S.C.A. § 7105(b)(2), (d)(5) (West 1991); 38 C.F.R. §§ 20.202, 20.204(b), (c) (1999). REASONS AND BASES FOR FINDINGS AND CONCLUSION Under 38 U.S.C.A. § 7105, the Board may dismiss any appeal which 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 A Substantive Appeal may be withdrawn in writing at any time before the Board promulgates a decision. 38 C.F.R. §§ 20.202, 20.204(b) (1999). Withdrawal may be made by the appellant or by his or her authorized representative, except that a representative may not withdraw a Substantive Appeal filed by the appellant personally without the express written consent of the appellant. 38 C.F.R. § 20.204(c) (1999). The appellant has withdrawn this appeal and, hence, there remain no allegations of errors of fact or law for appellate consideration.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 without prejudice. ORDER The appeal is dismissed. BARBARA B. COPELAND Member, Board of Veterans' Appeals