Citation Nr: 1319709	
Decision Date: 06/19/13    Archive Date: 06/27/13

DOCKET NO.  09-37 293A	)	DATE
	)
	)

On appeal from the
Department of Veterans Affairs Regional Office in Cleveland, Ohio


THE ISSUES

1.  Entitlement to service connection for residuals of left shoulder injury.

2.  Entitlement to service connection for residuals of left knee injury.  

3.  Entitlement to service connection for residuals of fractured right thumb.


REPRESENTATION

Appellant represented by:	Disabled American Veterans


ATTORNEY FOR THE BOARD

J. Chapman, Associate Counsel



INTRODUCTION

The Veteran served on active duty from May 1982 to May 1985, from November 1990 to May 1991, and from January 1994 to January 1997.  These matters come to the Board of Veterans' Appeals (Board) on appeal from a November 2005 rating decision by a Regional Office (RO) of the Department of Veterans Affairs (VA).  A Board videoconference hearing was scheduled for December 2011, but was cancelled at the request of the Veteran.


FINDING OF FACT

In May 2013 correspondence, the Veteran indicated that he wished to withdraw his appeal on the issues of entitlement to service connection for left shoulder injury, for left knee injury, and for residuals of fractured right thumb.


CONCLUSIONS OF LAW

1.  The criteria for withdrawal of a substantive appeal by the Veteran, as it relates to entitlement to service connection for left shoulder injury, have been met.                38 U.S.C.A §§ 7105(b)(2), (d)(5) (West 2002); 38 C.F.R. §§ 20.202, 20.204 (2012).

2.  The criteria for withdrawal of a substantive appeal by the Veteran, as it relates to entitlement to service connection for left knee injury, have been met.  38 U.S.C.A §§ 7105(b)(2), (d)(5) (West 2002); 38 C.F.R. §§ 20.202, 20.204 (2012).

3.  The criteria for withdrawal of a substantive appeal by the Veteran, as it relates to entitlement to service connection for residuals of fractured right thumb, have been met.  38 U.S.C.A §§ 7105(b)(2), (d)(5) (West 2002); 38 C.F.R. §§ 20.202, 20.204 (2012).


REASONS AND BASES FOR FINDING AND CONCLUSIONS

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.  A substantive appeal may be withdrawn in writing at any time before the Board promulgates a decision.  38 C.F.R. § 20.202.  Withdrawal may be made by the Veteran or by his or her authorized representative.  Except for appeals withdrawn on the record at a hearing, appeal withdrawals must be in writing.  38 C.F.R. § 20.204.  In a May 2013 written statement, the Veteran indicated that he wished to withdraw his appeal.  Thus, the Board finds that the Veteran withdrew his appeal as to the issues of entitlement to service connection for left shoulder injury, left knee injury, and residuals of fractured right thumb.  Hence, there remain no allegations of errors of fact or law for appellate consideration of these issues.  Accordingly, the Board does not have jurisdiction to review the appeal of these issues and they are dismissed without prejudice.


ORDER

The appeal, as to the issues of entitlement to service connection for left shoulder injury, for left knee injury, and for residuals of fractured right thumb, is dismissed.



____________________________________________
ALAN S. PEEVY
Veterans Law Judge, Board of Veterans' Appeals


Department of Veterans Affairs