Citation Nr: 1237776	
Decision Date: 11/05/12    Archive Date: 11/09/12

DOCKET NO.  10-11 069	)	DATE
	)


On appeal from the
Department of Veterans Affairs Regional Office in Roanoke, Virginia


THE ISSUES

1.  Entitlement to service connection for peripheral neuropathy of the bilateral upper extremities, including secondary to inservice exposure to herbicides.

2.  Entitlement to service connection for chloracne, including secondary to inservice exposure to herbicides.

3.  Entitlement to an initial evaluation in excess of 70 percent for posttraumatic stress disorder (PTSD).


REPRESENTATION

Appellant represented by:	Disabled American Veterans



ATTORNEY FOR THE BOARD

W. Yates, Counsel


INTRODUCTION

The Veteran served on active duty from September 1966 to September 1970.

This matter comes before the Board of Veterans' Appeals (Board) on appeal from an April 2009 rating decision by the Department of Veterans Affairs (VA) Regional Office (RO) in Roanoke, Virginia.

In April 2011, the RO issued a rating decision granting an increased initial evaluation of 70 percent for posttraumatic stress disorder (PTSD), effective from June 10, 2008.  See AB v. Brown, 6 Vet. App. 35, 38 (1993) (a claim remains in controversy where less than the maximum available benefits are awarded).


FINDING OF FACT

In a September 2012 letter, prior to the promulgation of a Board decision, the Veteran's representative indicated that the Veteran no longer wished to pursue his appeal seeking service connection for peripheral neuropathy of the bilateral upper extremities, service connection for chloracne, and an increased initial evaluation for PTSD.


CONCLUSION OF LAW

The criteria for withdrawal of all issues involved in the Veteran's appeals have been met.  38 U.S.C.A. § 7105(b)(2), (d)(5) (West 2002); 38 C.F.R. § 20.204 (2012).


REASONS AND BASES FOR FINDING AND CONCLUSION

The Board may dismiss any appeal which fails to allege specific error of fact or law in the determination being appealed.  38 U.S.C.A. § 7105 (West 2002).  An appeal may be withdrawn as to any or all issues involved in the appeal at any time before the Board promulgates a decision.  38 C.F.R. § 20.204 (2011).  Withdrawal may be made by the appellant or by his authorized representative.  38 C.F.R. § 20.204.  

In the present case, the appellant has withdrawn all issues involved in this appeal and, hence, there remain no allegations of errors of fact or law for appellate consideration.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 any issue involved in the appeal, and the appeals are dismissed.


ORDER

The appeals are dismissed without prejudice.



____________________________________________
L. HOWELL
Veterans Law Judge, Board of Veterans' Appeals
Department of Veterans Affairs