Citation Nr: 1319109	
Decision Date: 06/12/13    Archive Date: 06/21/13

DOCKET NO.  12-22 089	)	DATE
	)


On appeal from the decision of the 
Department of Veterans Affairs Regional Office in Milwaukee, Wisconsin


THE ISSUE

Entitlement to service connection for cause of death.


REPRESENTATION

Appellant represented by:	Disabled American Veterans


ATTORNEY FOR THE BOARD

J.R. Bryant, Counsel


INTRODUCTION

The Veteran served on active duty from November 1967 to November 1968.  The appellant is his surviving spouse.

This matter comes before the Board of Veterans' Appeals (Board) from a May 2011 rating decision of the above Department of Veterans Affairs (VA) Regional Office (RO).

The Board has reviewed the Veteran's claims file and the record maintained in the Virtual VA paperless claims processing system.  


FINDING OF FACT

In an April 2013 statement, prior to the promulgation of a decision in the appeal, the appellant withdrew her appeal as to the issue of entitlement to service connection for cause of death. 


CONCLUSION OF LAW

The criteria for withdrawal of the Substantive Appeal in the claim for entitlement to service connection for cause of death have been met.  38 U.S.C.A. § 7105 (West 2002); 38 C.F.R. §§ 20.101, 20.202, 20.204 (2012).


REASONS AND BASES FOR FINDING AND CONCLUSION

A veteran may withdraw his or her appeal in writing at any time before the Board promulgates a final decision.  38 C.F.R. § 20.204.  When a veteran does so, the withdrawal effectively creates a situation in which an allegation of error of fact or law no longer exists.  In such an instance, the Board does not have jurisdiction to review the appeal, and a dismissal is then appropriate.  38 U.S.C.A. § 7105(d); 38 C.F.R. §§ 20.101, 20.202.

In August 2012, the appellant filed a substantive appeal of the RO's May 2011 denial of service connection for cause of death.  In a written statement submitted in April 2013, she requested withdrawal of her appeal.  In view of her expressed desire, further action with regard to this issue is not appropriate. 

Accordingly, the Board does not have jurisdiction to review the claim of entitlement to service connection for cause of death.  This claim must, therefore, be dismissed, without prejudice.  38 U.S.C.A. § 7105(b)(2), (d)(5); 38 C.F.R. §§ 20.202, 20.204(b),(c).


ORDER

The appeal as to the issue of entitlement to service connection for cause of death is dismissed.



		
MICHAEL A. HERMAN
	Veterans Law Judge, Board of Veterans' Appeals

Department of Veterans Affairs