Citation Nr: 0810262 Decision Date: 03/28/08 Archive Date: 04/09/08 DOCKET NO. 05-12 881 ) DATE ) On appeal from the decision of the Department of Veterans Affairs Regional Office and Insurance Center in Philadelphia, Pennsylvania THE ISSUES 1. Whether new and material evidence has been received to reopen the claim for service connection for residuals of a fracture of the transverse process, L1. 2. Whether new and material evidence has been received to reopen the claim for service connection for post-traumatic stress disorder. REPRESENTATION Appellant represented by: Veterans of Foreign Wars of the United States ATTORNEY FOR THE BOARD Robert E. P. Jones, Counsel INTRODUCTION The veteran served on active duty from June 1970 to May 1974. This matter is before the Board of Veterans' Appeals (Board) on appeal from a rating decision by the Department of Veterans Affairs (VA) Regional Office in Philadelphia, Pennsylvania. FINDING OF FACT On March 13, 2008, prior to the promulgation of a decision in the appeal, the Board received notification from the appellant that a withdrawal of his appeals 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 2002); 38 C.F.R. §§ 20.202, 20.204 (2007). REASONS AND BASES FOR FINDING 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 A Substantive Appeal may be withdrawn in writing at any time before the Board promulgates a decision. 38 C.F.R. § 20.202 (2007). Withdrawal may be made by the appellant or by his or her authorized representative. 38 C.F.R. § 20.204 (2007). The appellant has withdrawn his appeals and, hence, there remain no allegations of errors of fact or law for appellate consideration.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 appeals and they are dismissed. ORDER The issue of whether new and material evidence has been received to reopen the claim for service connection for residuals of a fracture of the transverse process, L1, is dismissed. The issue of whether new and material evidence has been received to reopen the claim for service connection for post- traumatic stress disorder is dismissed. MARY GALLAGHER Veterans Law Judge, Board of Veterans' Appeals Department of Veterans Affairs