Citation Nr: 1318258	
Decision Date: 06/05/13    Archive Date: 06/11/13

DOCKET NO.  11-05 857	)	DATE
	)
	)

On appeal from the
Department of Veterans Affairs Regional Office in Pittsburgh, Pennsylvania



THE ISSUE

Entitlement to service connection for dystonia, right shoulder.



REPRESENTATION

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



ATTORNEY FOR THE BOARD

S. Grabia, Counsel





INTRODUCTION

The Veteran served on active duty from May 1968 to July 1970. 

This matter initially came to the Board of Veterans' Appeals (Board) on appeal from a rating decision dated in October 2010 by the Department of Veterans Affairs (VA) Regional Office (RO) in Pittsburgh, Pennsylvania. 


FINDINGS OF FACT

The Veteran's service representative in a May 2013 letter, bearing his name and claim number, notified the Board that the Veteran was contacted and expressed his wish to withdraw this appeal.  In addition, the service representative noted that the Veteran also submitted a motion to withdraw this appeal in a January 2013 letter.


CONCLUSION OF LAW

The criteria for withdrawal of a substantive appeal have been met.  38 U.S.C.A. § 7105 (West 2002); 38 C.F.R. § 20.204 (2012).


REASONS AND BASES FOR FINDINGS AND CONCLUSION

The Veteran's service representative in a May 2013 letter, bearing his name and claim number, notified the Board that the Veteran was contacted and expressed his wish to withdraw this appeal.  In addition, the service representative noted that the Veteran also submitted a motion to withdraw this appeal in a January 2013 letter.
The Veteran was noted to have expressed his satisfaction with his current ratings and did not wish to continue this appeal.  

VA regulation provides for the withdrawal of an appeal to the Board by the submission of a written request to that effect at any time before the Board issues a final decision on the matter in question.  See 38 C.F.R. § 20.204(b) (2012).  After an appeal is transferred to the Board, an appeal withdrawal is effective the date it is received by the Board.  38 C.F.R. § 20.204(b).  Appeal withdrawals must be in writing and must include the name of the Veteran, the applicable claim number, and a statement that the appeal is withdrawn.  Id.  

As of May 2013, the date that the Board received the above letter and motion to withdraw, the Board had not yet issued a final decision on this case.  The May 2013 letter and motion to withdraw are in writing, include the Veteran's claim number, and clearly express his desire to withdraw the current appeal.  Therefore, the Veteran's withdrawal of the appeal is valid. 

When pending appeals are withdrawn, there is no longer an allegation of error of fact or law with respect to the determinations that had been previously appealed. Consequently, in such an instance, dismissal of the pending appeal is appropriate. See 38 U.S.C.A. § 7105(d) (West 2002).

Accordingly, further action by the Board on the claim at issue is not appropriate and the Veteran's appeal should be dismissed.  Id.  


ORDER

Entitlement to service connection for dystonia, right shoulder, is dismissed. 



____________________________________________
JAMES L. MARCH
Veterans Law Judge, Board of Veterans' Appeals



Department of Veterans Affairs