Citation Nr: 1007014	
Decision Date: 02/25/10    Archive Date: 03/05/10

DOCKET NO.  08-33 696A	)	DATE
	)
	)

On appeal from the
Department of Veterans Affairs (VA) Regional Office (RO) in 
Nashville, Tennessee


THE ISSUES

1.  Entitlement to an initial, compensable disability rating 
for basal cell carcinoma.

2.  Entitlement to service connection for hyperlipidemia.

3.  Entitlement to service connection for a heart disability.


REPRESENTATION

Appellant represented by:	Disabled American Veterans


WITNESS AT HEARING ON APPEAL

The Veteran


ATTORNEY FOR THE BOARD

Mary C. Suffoletta, Counsel 


INTRODUCTION

The Veteran served for more than twenty years on active duty 
from June 1969 to January 1972, and from March 1973 to July 
1994.

These matters come to the Board of Veterans' Appeals (Board) 
on appeal from a March 2006 decision of the RO that, in 
pertinent part, denied service connection for a heart 
disability; and from a November 2007 decision of the RO that 
granted service connection for basal cell carcinoma evaluated 
as 0 percent (noncompensable) disabling effective March 2007, 
and denied service connection for hyperlipidemia.  The 
Veteran timely appealed.

In November 2009, the Veteran testified during a hearing 
before the undersigned at the RO.

The Board notes that, on October 13, 2009, and in accordance 
with authority provided in 38 U.S.C.A. § 1116, the Secretary 
of Veterans Affairs announced a decision to establish 
presumptions of service connection, based upon exposure to 
herbicides within the Republic of Vietnam during the Vietnam 
era, for three new conditions:  ischemic heart disease, 
Parkinson's disease, and B cell leukemias.

As required by 38 U.S.C.A. § 1116, VA will issue regulations 
through notice and comment rule-making procedures to 
establish the new presumptions of service connection for 
those diseases.  The regulations will take effect on the date 
that a final rule is published in the Federal Register.  
Until that time, VA does not have authority to establish 
service connection and award benefits based upon the planned 
new presumptions.

Accordingly, on November 20, 2009, the Secretary of Veterans 
Affairs directed the Board to stay action on all claims for 
service connection that cannot be granted under current law, 
but that potentially may be granted based on the planned new 
presumptions of service connection for ischemic heart 
disease, Parkinson's disease, and B cell leukemias, based 
upon exposure to herbicides used in the Republic of Vietnam 
during the Vietnam era.

As this appeal contains at least one claim that may be 
affected by these new presumptions, the Board must stay 
action on the matter in accordance with the Secretary's stay.  
Once the planned final regulations are published, the 
adjudication of the Veteran's claim for service connection 
for a heart disability that has been stayed will be resumed.  


FINDING OF FACT

At the November 4, 2009 hearing-prior to the promulgation of 
a decision in the appeal-the Board received notification 
from the Veteran, through his authorized representative, that 
a withdrawal of the appeal for an initial, compensable 
disability rating for basal cell carcinoma, and the appeal 
for service connection for hyperlipidemia is requested.


CONCLUSION OF LAW

The criteria for withdrawal of the appeal for an initial, 
compensable disability rating for basal cell carcinoma, and 
the appeal for service connection for hyperlipidemia by the 
Veteran (or his representative) have been met.  38 U.S.C.A. 
§ 7105(b)(2), (d)(5) (West 2002); 38 C.F.R. §§ 20.202, 20.204 
(2009).




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.  An appeal may be withdrawn as 
to any or all issues involved in the appeal at any time 
before the Board promulgates a decision.  38 C.F.R. § 20.204 
(2009).  Withdrawal may be made by the Veteran or by his 
authorized representative.  38 C.F.R. § 20.204.  In the 
present case, the Veteran withdrew the appeal for an initial, 
compensable disability rating for basal cell carcinoma, and 
the appeal for service connection for hyperlipidemia at his 
prehearing conference; this was reduced to writing in the 
hearing transcript.  There remain no allegations of errors of 
fact or law for appellate consideration as to each of those 
issues.  Accordingly, the Board does not have jurisdiction to 
review the appeal for an initial, compensable disability 
rating for basal cell carcinoma, and the appeal for service 
connection for hyperlipidemia; each of the issues is 
dismissed.


ORDER

The appeal for an initial, compensable disability rating for 
basal cell carcinoma is dismissed.

The appeal for service connection for hyperlipidemia is 
dismissed.




____________________________________________
L. M. BARNARD
Acting Veterans Law Judge, Board of Veterans' Appeals




 Department of Veterans Affairs