Citation Nr: 1319473	
Decision Date: 06/17/13    Archive Date: 06/27/13

DOCKET NO.  11-04 634	)	DATE
	)
	)

On appeal from the
Department of Veterans Affairs Regional Office in Nashville, Tennessee



THE ISSUE

Entitlement to a compensable rating for a right leg scar.



REPRESENTATION

Appellant represented by:	The American Legion



ATTORNEY FOR THE BOARD

M. Young, Counsel




INTRODUCTION

The appellant is a Veteran who served on active duty from September 1967 to June 1969.  This matter is before the Board of Veterans' Appeals (Board) on appeal from a March 2010 rating decision by the Nashville, Tennessee Department of Veterans Affairs (VA) Regional Office (RO).  At the Veteran's request, a videoconference hearing before the Board in this matter was scheduled in June 2013; the Veteran has withdrawn the hearing request in writing.  


FINDING OF FACT

In a statement received on June 13, 2013, prior to the promulgation of a decision in the appeal, the Veteran withdrew his appeal seeking a compensable rating for a right leg scar; there is no question of fact or law remaining before the Board in this matter.


CONCLUSION OF LAW

The criteria for withdrawal of a Substantive Appeal by the appellant are met; the Board has no further jurisdiction in the matter of whether the appellant is entitled to a compensable rating for scar of the right anterior leg secondary to muscle flap of the right leg.  38 U.S.C.A. §§ 7104, 7105(b)(2), (d)(5) (West 2002); 38 C.F.R. §§ 20.202, 20.204 (2012).


REASONS AND BASES FOR FINDING AND CONCLUSION

The Board has jurisdiction where there is a question of law or fact on appeal to the Secretary.  38 U.S.C.A. § 7104; 38 C.F.R. § 20.101.  Under 38 U.S.C.A. § 7105 the Board may dismiss any appeal which fails to allege specific error of fact or law in the determination being appealed.  An appeal may be withdrawn in writing or on the record at a hearing at any time before the Board promulgates a decision.  38 C.F.R. § 20.204(b).  Withdrawal may be made by the appellant or by his authorized representative.  38 C.F.R. § 20.204(a).

On June 13, 2013 the Veteran submitted a written statement to the Board requesting withdrawal of "ALL ISSUES THAT ARE PENDING, UNTIL FURTHER NOTICE."  The only issue pending before the Board on June 13, 2013 was entitlement to a compensable rating for a right leg scar.  The Veteran has therefore withdrawn his appeal in this matter.  Hence, there remains no allegation of error of fact or law as to such issue for appellate consideration.  Accordingly, the Board does not have jurisdiction to review an appeal in the matter, and it must be dismissed.


ORDER

The appeal in the matter of entitlement to a compensable rating for a right leg scar is dismissed.


____________________________________________
George R. Senyk
Veterans Law Judge, Board of Veterans' Appeals



Department of Veterans Affairs