Citation Nr: 1320308	
Decision Date: 06/24/13    Archive Date: 07/02/13

DOCKET NO.  09-03 654A	)	DATE
	)


On appeal from the decision of the 
Department of Veterans Affairs Regional Office in St. Louis, Missouri


THE ISSUES

1.  Entitlement to service connection for polyneuropathy, to include as due to asbestos exposure.  

2.  Entitlement to service connection for hypertension, to include as due to polyneuropathy.  

3.  Entitlement to service connection for fungus of the toes.  


REPRESENTATION

Appellant represented by:	Disabled American Veterans



ATTORNEY FOR THE BOARD

Robert J. Burriesci, Counsel


INTRODUCTION

The Veteran served on active duty from June 1969 to November 1973.  

This matter comes before the Board of Veterans' Appeals (Board) on appeal from a rating decision entered in January 2007 by the Department of Veterans Affairs (VA) Regional Office (RO) in Nashville, Tennessee, denying the Veteran's claims for service connection for polyneuropathy, hypertension, and fungus of the toes.  Due to the subsequent relocation of the Veteran, this appeal was certified for the Board's review by the RO in St. Louis, Missouri.  

During the course of the instant appeal, the Veteran requested a hearing before the Board.  That request was withdrawn by the Veteran in a signed statement, dated in August 2012.  No other request for a hearing remains pending.  

The case was previously before the Board in October 2012 when it was remanded for further development.


FINDING OF FACT

1.  In April 2013, prior to the promulgation of a decision in the appeal, the Board received notification from the appellant dated and received by the VA RO in November 2012 that a withdrawal of this appeal is requested.





CONCLUSION OF LAW

The criteria for withdrawal of an appeal by the appellant (or his or her authorized representative) 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

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 (West 2002).  An appeal may be withdrawn as to any or all issues involved in the appeal at any time before the Board promulgates a decision.  38 C.F.R. § 20.204 (2012).  Withdrawal may be made by the appellant or by his or her authorized representative.  38 C.F.R. § 20.204.  In the present case, the appellant  has withdrawn this appeal and, hence, there remain no allegations  of errors of fact or law for appellate consideration.  Accordingly, the Board does not have jurisdiction to review the appeal and it is dismissed.


ORDER

The appeal is dismissed.




		
MILO H. HAWLEY
	Veterans Law Judge, Board of Veterans' Appeals

Department of Veterans Affairs