Citation Nr: 1319862	
Decision Date: 06/20/13    Archive Date: 07/02/13

DOCKET NO.  09-20 422	)	DATE
	)


On appeal from the decision of the 
Department of Veterans Affairs Regional Office in Denver, Colorado


THE ISSUES

1.  Entitlement to service connection for the residuals of a left hip trauma, including as secondary to vascular headaches.

2.  Entitlement to service connection for the residuals of a left knee trauma, including as secondary to vascular headaches.  


REPRESENTATION

Appellant represented by:	Disabled American Veterans


ATTORNEY FOR THE BOARD

Terrence T. Griffin, Counsel
INTRODUCTION

The Veteran had active service from August 1976 to December 1977.  

These matters come before the Board of Veterans' Appeals (Board) on appeal from a February 2008 decision of the Denver, Colorado, Regional Office (RO) of the Department of Veterans Affairs (VA).

On her June 2009 Appeal to Board of Veterans' Appeals, the Veteran requested a hearing in connection with her claims; however, her representative submitted a statement on her behalf properly withdrawing the request.  See 38 C.F.R. § 20.702(d) (2012).


FINDINGS OF FACT

1.  The Veteran served on active duty from March 17, 1976, to December 22, 1977.

2.  On April 26, 2013, prior to the promulgation of a decision in the appeal, the Board received notification from the Veteran that a withdrawal of her appeal is requested.


CONCLUSIONS OF LAW

1.  The criteria for withdrawal of the appeal seeking entitlement to service connection for the residuals of a left hip trauma, including as secondary to vascular headaches, have been met.  38 U.S.C.A. § 7105(b)(2), (d)(5) (West 2002); 38 C.F.R. § 20.204 (2012).

2.  The criteria for withdrawal of an appeal seeking entitlement to service connection for the residuals of a left knee trauma, including as secondary to vascular headaches, 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 FINDINGS 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.  

The Veteran submitted an April 2013 statement, prior to the issuance of a Board decision, withdrawing her service connection claims for (A) the residuals of a left knee trauma and (B) the residuals of a left hip trauma.  The statement expresses her belief that there remains no allegation of specific error of fact or law in the February 2008 RO determination being appealed, removing the matter from appellate status.  38 U.S.C.A. § 7105; 38 C.F.R. § 20.204.  Dismissal of the service connection claims for the residuals of a left knee trauma and the residuals of a left hip trauma is warranted.  


ORDER

The appeal seeking service connection for the residuals of a left hip trauma, including as secondary to vascular headaches, is dismissed.

The appeal seeking service connection for the residuals of a left knee trauma, including as secondary to vascular headaches, is dismissed



		
RONALD W. SCHOLZ
	Veterans Law Judge, Board of Veterans' Appeals

Department of Veterans Affairs