Citation Nr: 1318239	
Decision Date: 06/05/13    Archive Date: 06/11/13

DOCKET NO.  10-19 958	)	DATE
	)
	)

On appeal from the
Department of Veterans Affairs Regional Office in Muskogee, Oklahoma



THE ISSUE

Entitlement to an evaluation in excess of 20 percent adenocarcinoma of the prostate. 



REPRESENTATION

Appellant represented by:	Disabled American Veterans



ATTORNEY FOR THE BOARD

H. Seesel, Counsel




INTRODUCTION

The Veteran had active service from May 1968 to January 1970. 

This matter comes before the Board of Veterans' Appeals (Board) on appeal from a July 2009 rating decision from the Department of Veterans Affairs (VA) Regional Office (RO) in Phoenix, Arizona.  Jurisdiction of the claims folder was subsequently transferred to the RO in Muskogee, Oklahoma.


FINDING OF FACT

Prior to the promulgation of a decision, the Veteran withdrew his appeal for the issue of entitlement to an evaluation in excess of 20 percent adenocarcinoma of the prostate.


CONCLUSION OF LAW

The criteria for withdrawal of the issue of entitlement to an evaluation in excess of 20 percent adenocarcinoma of the prostate 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  An appeal may be withdrawn as to any or all issues involved in the appeal at any time before the Board promulgates a decision.  38 C.F.R. § 20.204 (2012).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, the Veteran provided a statement that clearly indicated he wished to withdraw the appeal concerning the evaluation of his prostate cancer.  The Veteran has withdrawn this appeal, and hence, there remain no allegations of errors of fact or law for appellate consideration.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 the appeal and it is dismissed. 


ORDER

The appeal is dismissed.




____________________________________________
JESSICA J. WILLS
Veterans Law Judge, Board of Veterans' Appeals



Department of Veterans Affairs