Citation Nr: 1305648	
Decision Date: 02/15/13    Archive Date: 02/21/13

DOCKET NO.  07-18 366	)	DATE
	)
	)

On appeal from the
Department of Veterans Affairs Regional Office in Waco, Texas


THE ISSUE

Whether new and material evidence has been submitted to reopen a claim of entitlement to service connection for chloracne.


REPRESENTATION

Appellant represented by:	Vietnam Veterans of America


ATTORNEY FOR THE BOARD

David S. Ames, Counsel


INTRODUCTION

The Veteran served on active duty from June 1969 to October 1970 and from June 1973 to May 1974.

This matter comes properly before the Board of Veterans' Appeals (Board) on appeal from a rating decision by the Department of Veterans Affairs (VA) Regional Office in Waco, Texas (RO).

In March 2011, in addition to the claim listed above, the Board also remanded the claim of entitlement to service connection for prostate cancer.  However, while that claim was on remand, service connection for prostate cancer was granted by an August 2012 rating decision.  The Veteran has not appealed any aspect of that rating decision.  Accordingly, the prostate cancer claim has been granted in full and is no longer before the Board for consideration.


FINDING OF FACT

In December 2012, prior to the promulgation of a decision in the appeal, the Veteran withdrew his appeal as to the issue of whether new and material evidence has been submitted to reopen a claim of entitlement to service connection for chloracne.


CONCLUSION OF LAW

The criteria for withdrawal of the substantive appeal by the Veteran for the issue of whether new and material evidence has been submitted to reopen a claim of entitlement to service connection for chloracne have been met.  38 U.S.C.A. § 7105 (West 2002); 38 C.F.R. §§ 20.202, 20.204(b), (c) (2012).


REASONS AND BASES FOR FINDING AND CONCLUSION

In May 2006, the Veteran filed a claim for benefits which included the issue of whether new and material evidence has been submitted to reopen a claim of entitlement to service connection for chloracne.  An August 2006 rating decision denied the claim.  The Veteran filed a notice of disagreement with respect to the chloracne claim in October 2006, and perfected an appeal as to that issue in April 2007.  The Board remanded the claim in March 2011 for additional development.  Subsequently, in a December 2012 statement, the Veteran's representative stated that the Veteran wanted to withdraw the issue of whether new and material evidence has been submitted to reopen a claim of entitlement to service connection for chloracne.

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 in writing at any time before the Board promulgates a decision.  38 C.F.R §§ 20.202, 20.204(b) (2012).  Withdrawal may be made by the Veteran or by his authorized representative.  38 C.F.R. § 20.204(c) (2012).

With regard to the issue of whether new and material evidence has been submitted to reopen a claim of entitlement to service connection for chloracne, prior to the promulgation of a decision by the Board, the Veteran stated that he wanted to withdraw his appeal of that issue.  As a result, no allegation of error of fact or law remains before the Board for consideration with regard to the issue of whether new and material evidence has been submitted to reopen a claim of entitlement to service connection for chloracne.  Therefore, the Board finds that the Veteran has withdrawn his claim as to that issue, and the Board does not have jurisdiction to review the appeal as to the issue of whether new and material evidence has been submitted to reopen a claim of entitlement to service connection for chloracne, and it is dismissed.


ORDER

The claim of whether new and material evidence has been submitted to reopen a claim of entitlement to service connection for chloracne is dismissed.



____________________________________________
JONATHAN B. KRAMER
Veterans Law Judge, Board of Veterans' Appeals



Department of Veterans Affairs