Citation Nr: 1305348	
Decision Date: 02/13/13    Archive Date: 02/21/13

DOCKET NO.  09-16 447	)	DATE
	)
	)

On appeal from the
Department of Veterans Affairs Regional Office in Detroit, Michigan


THE ISSUE

Entitlement to service connection for an acquired psychiatric disorder, to include depression, alcoholism, and posttraumatic stress disorder (PTSD).  


REPRESENTATION

Appellant represented by:	Disabled American Veterans


ATTORNEY FOR THE BOARD

Brian J. Milmoe, Counsel


INTRODUCTION

The Veteran served on active duty from October 1964 to October 1969.

This case comes before the Board of Veterans' Appeals  (Board) on appeal from a rating decision entered in October 2007 by the Department of Veterans Affairs (VA) Regional Office (RO) in Detroit, Michigan, which denied service connection for PTSD, alcoholism, and depression.  The Board by its June 2012 remand directed the VA's Appeals Management Center (AMC) in Washington, DC, to undertake certain needed actions, but prior to the AMC's completion of those actions in full, the Veteran withdrew the only issue now on appeal.   


FINDING OF FACT

By his written statement received by the Board in January 2013, the Veteran withdrew from appellate consideration the issue of his entitlement to service connection for an acquired psychiatric disorder, to include depression, alcoholism, and PTSD. 


CONCLUSION OF LAW

The criteria for withdrawal of a substantive appeal as to the issue of the Veteran's entitlement to service connection for an acquired psychiatric disorder, to include depression, alcoholism, and PTSD, have been met.  38 U.S.C.A. § 7105(b)(2), (d)(5) (West 2002); 38 C.F.R. §§ 20.202, 20.204 (2012). 


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  A substantive appeal may be withdrawn in writing at any time before the Board promulgates a decision.  38 C.F.R. § 20.202.  Withdrawal may be made by the appellant or by his or her authorized representative.  38 C.F.R. § 20.204.  

Here, the Veteran by way of his signed, written statement, received by the Board in January 2013 withdrew from appellate consideration the issue of his entitlement to service connection for an acquired psychiatric disorder, to include depression, alcoholism, and PTSD.  Hence, there remain no allegations of errors of fact or law for appellate consideration as to that matter, and as the Board does not have jurisdiction to review the appeal relating thereto, it must be dismissed. 


ORDER

The appeal involving the issue of the Veteran's entitlement to service connection for an acquired psychiatric disorder, to include depression, alcoholism, and PTSD, is dismissed. 



____________________________________________
M. E. LARKIN
Veterans Law Judge, Board of Veterans' Appeals



Department of Veterans Affairs