Citation Nr: 0811241 Decision Date: 04/04/08 Archive Date: 04/14/08 DOCKET NO. 06-19 965 ) DATE ) ) On appeal from the Department of Veterans Affairs Regional Office in St. Petersburg, Florida THE ISSUE Entitlement to service connection for a cardiac disorder, diagnosed as coronary artery disease (CAD), to include as secondary to the service-connected post-traumatic stress disorder (PTSD) disability. REPRESENTATION Appellant represented by: Veterans of Foreign Wars of the United States ATTORNEY FOR THE BOARD M. Hannan, Counsel INTRODUCTION The appellant had active service from September 1965 to September 1968. This case comes before the Board of Veterans' Appeals (Board) on appeal from a February 2005 rating decision issued by the Department of Veterans Affairs (VA) Regional Office (RO) in St. Petersburg, Florida that denied the appellant's claim of entitlement to coronary artery disease on both a direct basis and as secondary to the service-connected post-traumatic stress disorder (PTSD) disorder. FINDING OF FACT In May 2008, prior to the promulgation of a decision in the appeal, the appellant withdrew his appeal as to the issue of entitlement to service connection for a cardiac disorder (coronary artery disease), claimed as secondary to the PTSD disability. CONCLUSION OF LAW The criteria for withdrawal by the appellant of his Substantive Appeal on the issue of entitlement to direct or secondary service connection for a cardiac disorder, including as secondary to the PTSD disability, have been met. 38 U.S.C.A. § 7105(b)(2), (d)(5) (West 2002 & Supp. 2007); 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 A Substantive Appeal may be withdrawn in writing at any time before the Board promulgates a decision. 38 C.F.R. §§ 20.202, 20.204(b). In July 2006, the appellant submitted a VA Form 21-4138 in which he withdrew his appeal for his claim of entitlement to service connection for a cardiac disorder, including as secondary to his PTSD disability. Subsequently, in March 2008, the appellant's representative submitted a written statement in which he confirmed that the appellant had withdrawn his appeal and asked that the appeal be dismissed. The appellant has withdrawn his appeal as to the claim of entitlement to service connection for a cardiac disorder, including as secondary to the PTSD disability. Hence, there remain no allegations of errors of fact or law as to this particular issue for appellate consideration. Accordingly, the Board does not have jurisdiction to review the appeal of this claim and said claim is dismissed. In light of the above, the Board finds that the appellant's May 2006 request for a Travel Board hearing (scheduled for February 14, 2008) has also been withdrawn. See 38 C.F.R. § 20.704. ORDER The appeal for the claim of entitlement to service connection for a cardiac disorder, including coronary artery disease, and to include as secondary to the PTSD disability, is dismissed. ____________________________________________ STEVEN D. REISS Acting Veterans Law Judge, Board of Veterans' Appeals Department of Veterans Affairs