Citation Nr: 1304092	
Decision Date: 02/05/13    Archive Date: 02/08/13

DOCKET NO.  06-00 386A	)	DATE
	)
	)

On appeal from the
Department of Veterans Affairs Regional Office in St. Paul, Minnesota


THE ISSUE

Entitlement to service connection for a bilateral foot disorder.


REPRESENTATION

Appellant represented by:	Vietnam Veterans of America


ATTORNEY FOR THE BOARD

L. A. Rein, Counsel


INTRODUCTION

The Veteran served on active duty from November 1962 to January 1967.

This matter comes to the Board of Veterans' Appeals (Board) on appeal from a rating decision of the Department of Veterans Affairs (VA) Regional Office (RO) in St. Paul, Minnesota.

In March 2010 and August 2011, the Board remanded this issue for additional development.


FINDING OF FACT

In December 2012,  before the Board promulgated a decision in the appeal, the Board received a written request from the Veteran's authorized representative to  withdraw his appeal. 


CONCLUSION OF LAW

The criteria for withdrawal of a Substantive Appeal on the issue of entitlement to service connection for a bilateral foot disorder have been met and the appeal is withdrawn.  38 U.S.C.A. § 7105(b)(2), (d)(5) (West 2002); 38 C.F.R. § 20.204 (2012).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).  A Substantive Appeal may be withdrawn as to any or all issues involved in the appeal at any time before the Board promulgates a decision.  38 C.F.R. § 20.204 (2012).  Withdrawal may be made by the appellant or by his or her authorized representative.  38 C.F.R. § 20.204.  In the present case, in December 2012, the Veteran's representative submitted a letter indicating that the Veteran wanted to withdraw his appeal of the issue of entitlement to service connection for a bilateral foot disorder.  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 for service connection for a bilateral foot disorder is dismissed.



____________________________________________
BARBARA B. COPELAND
Veterans Law Judge, Board of Veterans' Appeals


Department of Veterans Affairs