Citation Nr: 1306948	
Decision Date: 02/28/13    Archive Date: 03/01/13

DOCKET NO.  05-11 931	)	DATE
	)
	)

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


THE ISSUE

Entitlement to service connection for an eye disability, to include as due to exposure to an herbicide agent during active service.


REPRESENTATION

Appellant represented by:	Veterans of Foreign Wars of the United States


WITNESS AT HEARING ON APPEAL

Veteran


ATTORNEY FOR THE BOARD

H.J. Baucom, Associate Counsel

INTRODUCTION

The Veteran had active service from October 1970 to July 1973.  

This matter comes before the Board of Veterans' Appeals (Board) from a September 2004 rating decision of the Department of Veterans Affairs (VA) Regional Office (RO) in Huntington, West Virginia which denied reopening a claim for service connection for an eye disability.  

In March 2007 a Board hearing was held at the RO before the undersigned; the transcript is of record.  

In November 2007 the Board reopened the claim and remanded the issue of service connection for an eye disability for further development.  

In May 2010 the Board remanded the issue in order for a clarification letter to be sent to the Veteran explaining that service connection had not been granted and the issue was still on appeal.  

The Board has not only reviewed the Veteran's physical claims file but also the Veteran's file on the "Virtual VA" system to insure a total review of the evidence.  


FINDING OF FACT

In a November 2012 written statement, prior to the promulgation of a Board decision, the Veteran withdrew his appeal for service connection for an eye disability. 






CONCLUSION OF LAW

The criteria for withdrawal of a substantive appeal by the Veteran concerning the issue of service connection for an eye disability have been met.  38 U.S.C.A. § 7105(b)(2) (West 2002 & Supp. 2012); 38 C.F.R. § 20.204 (2012).


REASONS AND BASES FOR FINDING AND CONCLUSION

An appeal may be withdrawn as to any or all issues involved in the appeal at any time before the Board promulgates a decision.  38 C.F.R. § 20.204.  Withdrawal may be made by the Veteran or by his or her authorized representative.  38 C.F.R. § 20.204.

The September 2004 rating decision denied reopening the claim for service connection for an eye disability.  The Veteran perfected an appeal in July 2005.  In November 2007 the Board reopened and remanded the claim.  In May 2010 the Board again remanded the claim. In a November 2012 statement, the Veteran stated that he would like to cancel his eye disability appeal.  As the Veteran withdrew his appeal of the issue, there remains no allegation of error of fact or law for appellate consideration and the Board has no jurisdiction to review the issue of service connection for an eye disability. 

ORDER

The issue of service connection for an eye disability is dismissed.


____________________________________________
JOHN J. CROWLEY  
Veterans Law Judge, Board of Veterans' Appeals


Department of Veterans Affairs