Citation Nr: 1319744	
Decision Date: 06/19/13    Archive Date: 06/27/13

DOCKET NO.  09 46-797A	)	DATE
	)
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On appeal from the
Department of Veterans Affairs Regional Office in New York, New York



THE ISSUE

Entitlement to service connection for an atrophic right testicle.



REPRESENTATION

Appellant represented by:	Disabled American Veterans



ATTORNEY FOR THE BOARD

S. Mishalanie, Counsel



INTRODUCTION

The Veteran served on active duty from August to December 1980, February 1986 to September 1999, October 2000 to June 2001, and July 2001 to June 2008.  

This matter comes before the Board of Veterans' Appeals (Board) on appeal from a rating decision by the Department of Veterans Affairs (VA) Regional Office (RO) in Anchorage, Alaska.  The RO in New York, New York, certified the appeal to the Board.  

In addition to the paper claims file, there is a Virtual VA electronic claims file associated with the Veteran's claim.  The Virtual VA file has been reviewed in conjunction with the disposition of the issue on appeal. 


FINDING OF FACT

In May 2013, prior to the promulgation of a decision in the appeal, the Veteran provided notice that he wished to withdraw his appeal of the claim of entitlement to service connection for an atrophic right testicle.  


CONCLUSION OF LAW

The criteria for withdrawal of a substantive appeal for the issue of entitlement to service connection for an atrophic right testicle 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 CONCLUSION

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  A substantive appeal may be withdrawn in writing at any time before the Board promulgates a decision.  38 C.F.R. § 20.202 (2012).  Withdrawal may be made by the appellant or by his or her authorized representative.  38 C.F.R. § 20.204 (2012).  In this case, the Veteran has withdrawn this appeal as to the claim of entitlement to service connection for an atrophic right testicle; hence, there remain no allegations of errors of fact or law for appellate consideration as to this issue.  Accordingly, the Board does not have jurisdiction to review the appeal and it is dismissed.


ORDER

The appeal of the claim of entitlement to service connection for an atrophic right testicle is dismissed. 


____________________________________________
MICHAEL D. LYON 
Veterans Law Judge, Board of Veterans' Appeals



Department of Veterans Affairs