BVA9500825 DOCKET NO. 93-11 013 ) DATE ) ) On appeal from the decision of the Department of Veterans Affairs Regional Office in Boston, Massachusetts THE ISSUE Entitlement to an increased evaluation for left knee disability, currently rated as 30 percent disabling. REPRESENTATION Appellant represented by: Disabled American Veterans WITNESS AT HEARING ON APPEAL Appellant ATTORNEY FOR THE BOARD M. Reynolds, Associate Counsel INTRODUCTION The veteran served on active duty from December 1943 to May 1946, and from March 1947 to July 1948. This appeal arises from a rating decision of November 1991 from the Boston, Massachusetts, Regional Office (RO). However, after further development, in a rating decision in February 1992, the veteran's disability rating was increased from 10 percent to 30 percent. CONTENTIONS OF APPELLANT ON APPEAL The veteran requests that his appeal be withdrawn. DECISION OF THE BOARD The Board, in accordance with the provisions of 38 U.S.C.A. § 7104 (West 1991), has reviewed and considered all of the evidence and material of record in the veteran's claims file(s). Based on its review of the relevant evidence in this matter, and for the following reasons and bases, it is the decision of the Board that the Board is without jurisdiction in the current matter and that the case is dismissed. FINDINGS OF FACT An allegation of an error of fact or law regarding the issue of entitlement to an increased evaluation for a left knee disability has been withdrawn and the issue is not currently before the Board. CONCLUSION OF LAW The Board is without jurisdiction in this matter. 38 U.S.C.A. § 7105(d)(5) (West 1991). REASONS AND BASES FOR FINDINGS AND CONCLUSION The Board has jurisdiction over appeals involving benefits under the laws administered by the Department of Veteran's Affairs. 38 U.S.C.A. § 7104; 38 C.F.R. § 20.101(a) (1992). An appeal consists of a timely filed notice of disagreement in writing and, after a statement of the case has been furnished, a timely filed substantive appeal. 38 C.F.R. § 20.200 (1992). Within certain limitations, an appeal may be withdrawn at any time before the Board of Veterans' Appeals renders a decision. 38 C.F.R. § 20.204 (1992). The Board may dismiss any appeal which fails to allege specific error of fact or law in a RO determination being appealed. 38 C.F.R. § 20.202 (1992). In a letter written by the veteran to the RO, the veteran stated, "I am satisfied with the new rating of 30 percent and request that no further action be taken." Since the veteran has withdrawn his appeal of the issue of entitlement to an increased evaluation for a left knee disability currently evaluated as 30 percent disabling, and there is no other issue properly before the Board, the Board has no jurisdiction over the instant case. Accordingly, this appeal is dismissed for lack of jurisdiction. ORDER The appeal is dismissed. LAWRENCE M. SULLIVAN Member, Board of Veterans' Appeals The Board of Veterans' Appeals Administrative Procedures Improvement Act, Pub. L. No. 103-271, § 6, 108 Stat. 740, ___ (1994), permits a proceeding instituted before the Board to be assigned to an individual member of the Board for a determination. This proceeding has been assigned to an individual member of the Board. NOTICE OF APPELLATE RIGHTS: Under 38 U.S.C.A. § 7266 (West 1991), a decision of the Board of Veterans' Appeals granting less than the complete benefit, or benefits, sought on appeal is appealable to the United States Court of Veterans Appeals within 120 days from the date of mailing of notice of the decision, provided that a Notice of Disagreement concerning an issue which was before the Board was filed with the agency of original jurisdiction on or after November 18, 1988. Veterans' Judicial Review Act, Pub. L. No. 100-687, § 402 (1988). The date which appears on the face of this decision constitutes the date of mailing and the copy of this decision which you have received is your notice of the action taken on your appeal by the Board of Veterans' Appeals.