Citation Nr: 1320213	
Decision Date: 06/21/13    Archive Date: 07/02/13

DOCKET NO.  09-49 414	)	DATE
	)
	)

On appeal from the
Department of Veterans Affairs Regional Office in Milwaukee, Wisconsin


THE ISSUE

Entitlement to service connection for a bilateral foot disability, to include as secondary to a service connected right thigh crush injury.


REPRESENTATION

Appellant represented by:	Wisconsin Department of Veterans Affairs


WITNESSES AT HEARING ON APPEAL

The Veteran and N.P., observer


ATTORNEY FOR THE BOARD

A.E.H. Gibson, Associate Counsel

INTRODUCTION

The Veteran had active duty service from April 1980 to April 1984.

This matter comes before the Board of Veterans' Appeals (Board) on appeal from a September 2008 rating decision of the Department of Veterans Affairs (VA) Regional Office (RO) in Milwaukee, Wisconsin, which denied service connection for a low back injury, a bilateral hip disability, a bilateral leg disability, and a bilateral foot disability. In October 2012, the Board remanded the Veteran's claims for further development. In April 2013, the Appeals Management Center (AMC) granted all of the claims except his claim to service connect a bilateral foot disability. This remaining claim has returned to the Board for further review.

The Veteran testified at a hearing in June 2012 before the undersigned. A copy of the transcript has been associated with the claims file. At the hearing, he submitted additional evidence and waived his right to have it initially considered by the RO. 38 C.F.R. §§ 20.800, 20.1304(c) (2012).

A review of the Virtual VA paperless claims processing system does not reveal any additional documents pertinent to the present appeal.


FINDING OF FACT

In May 2013, prior to the promulgation of a decision on the claim on appeal, the Veteran submitted an Appeals Satisfaction Notice indicating that he wanted to withdraw his remaining appeal. 


CONCLUSION OF LAW

The criteria for withdrawal of a substantive 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

In May 2013, the Veteran submitted an Appeals Satisfaction Notice (notice) indicating that he wanted his remaining appeals withdrawn from consideration. 

VA regulations provide for the withdrawal of an appeal to the Board by the submission of a written request at any time before the Board issues a final decision on the merits. See 38 C.F.R. § 20.204(b) (2012). After an appeal is transferred to the Board, an appeal withdrawal is effective the date it is received by the Board. See 38 C.F.R. § 20.204(b) (2012). Appeal withdrawals must be in writing and must include the name of the veteran, the veteran's claim number, and a statement that the appeal is withdrawn. Id.

As of June 3, 2013, the date of receipt of the Veteran's notice, the Board had not yet issued a final decision on this case. The notice contains his name and claim number, and also clearly expresses a desire to withdraw his remaining appeal. Therefore, the Veteran's withdrawal of the appeal is valid. See id.

When pending appeals are withdrawn, there are no longer allegations of factual or legal error with respect to the issues that had been previously appealed. In such an instance, dismissal of the pending appeal is appropriate. See 38 U.S.C.A. § 7105(d) (West 2002).

Accordingly, further action by the Board on this issue is not appropriate and the appeal is dismissed.  Id.








ORDER

Entitlement to service connection for a bilateral foot disability, to include as secondary to a service connected right thigh crush injury, is dismissed.



____________________________________________
Vito A. Clementi
Veterans Law Judge, Board of Veterans' Appeals



Department of Veterans Affairs