Citation Nr: 0813395 Decision Date: 04/23/08 Archive Date: 05/01/08 DOCKET NO. 97-23 963 ) DATE ) On appeal from the decision of the Department of Veterans Affairs Regional Office in Indianapolis, Indiana THE ISSUE Entitlement to an initial disability rating in excess of 10 percent for residuals of a thoracotomy, right lung, lower lobe. REPRESENTATION Appellant represented by: Disabled American Veterans WITNESSES AT HEARING ON APPEAL Appellant and spouse ATTORNEY FOR THE BOARD K.A. Kennerly, Associate Counsel INTRODUCTION The veteran had active military service from June 1965 to June 1970 and from February 1971 to July 1996, when he retired with approximately 30 years of active service. This matter originally came before the Board of Veterans' Appeals (Board) on appeal from a February 1997 rating decision of the Department of Veterans Affairs (VA), Atlanta, Georgia, Regional Office (RO). In this decision, in pertinent part, the RO granted the veteran's claim of entitlement to service connection for the residuals of a thoracotomy, right lung, lower lobe, assigning a non- compensable rating for this disability. The veteran's claim has subsequently been transferred to the RO in Indianapolis, Indiana. In January 2007, the Board remanded the veteran's claim for additional development. FINDINGS OF FACT 1. The veteran in this case served on active duty from June 1965 to June 1970 and from February 1971 to July 1996. 2. On October 31, 2007, prior to the promulgation of a decision in the appeal, the Appeals Management Center received notification from the veteran 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 2002); 38 C.F.R. §§ 20.202, 20.204 (2007). 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 A Substantive Appeal may be withdrawn in writing at any time before the Board promulgates a decision. See 38 C.F.R. § 20.202 (2007). Withdrawal may be made by the appellant or by his or her authorized representative. See 38 C.F.R. § 20.204 (2007). The appellant has withdrawn this appeal and, hence, there remain no allegations of errors of fact or law for appellate consideration.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. BARBARA B. COPELAND Veterans Law Judge, Board of Veterans' Appeals Department of Veterans Affairs