Citation Nr: 1319169	
Decision Date: 06/12/13    Archive Date: 06/21/13

DOCKET NO.  08-39 223	)	DATE
	)


On appeal from the decision of the 
Department of Veterans Affairs (VA) Regional Office (RO) 
Indianapolis, Indiana


THE ISSUES

1.  Entitlement to service connection for a neck disability.

2.  Entitlement to service connection for a bilateral knee disability.


REPRESENTATION

Appellant (the Veteran) is represented by: Veterans of Foreign Wars of the United States


WITNESSES AT HEARING ON APPEAL

The Veteran and J.F.H.




ATTORNEY FOR THE BOARD

L. Cramp, Counsel


INTRODUCTION

The Veteran had active duty for training with the Army Reserves from February 1983 to July 1983.  No active duty is shown.   

This appeal comes before the Board of Veterans' Appeals (Board) from a January 2007 rating decision of the RO in Indianapolis, Indiana.

In April 2012, the Veteran and J.F.H. presented testimony at a Board hearing, chaired by the undersigned Veterans Law Judge, who was seated at the RO.  A transcript of the hearing is associated with the claims file.

In October 2012, the Board remanded this appeal for additional evidentiary development.  It has since been returned to the Board for further appellate action.  

At the time of the October 2012 remand, the appeal also included the issue of entitlement to service connection for a bilateral foot disability.  Subsequently, in a March 2013 rating decision, the RO granted service connection for disabilities of the right and left foot, thus resolving the appeal as to that issue.  

The Veteran submitted medical records in May 2013, which appear to raise a claim of entitlement to service connection for hemorrhoids (if needed).  The Board does not have jurisdiction over that issue and it is referred to the RO for appropriate action (if needed).  See 38 C.F.R. §19.9(b)(2012).

In reviewing this case the Board has not only reviewed the Veteran's physical claims file, but also his file on the "Virtual VA" system to insure a total review of the evidence.  

FINDING OF FACT

In May 2013, prior to the promulgation of a decision in the appeal, the Board received notification from the Veteran that a withdrawal of the appeal is to these issues is requested.


CONCLUSION OF LAW

The criteria for withdrawal of an appeal 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 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.


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