Citation Nr: 1320768	
Decision Date: 06/27/13    Archive Date: 07/05/13

DOCKET NO.  11-33 840	)	DATE
	)
	)

On appeal from the
Department of Veterans Affairs Regional Office in Lincoln, Nebraska


THE ISSUE

Entitlement to service connection for a low back condition. 



REPRESENTATION

Appellant represented by:	AMVETS



ATTORNEY FOR THE BOARD

S. Grabia, Counsel






INTRODUCTION

The Veteran served on active duty from June 1963 to August 1966. 

This matter comes to the Board of Veterans' Appeals (Board) on appeal from a rating decision dated in February 2011 by the Department of Veterans Affairs (VA) Regional Office (RO) in Lincoln, Nebraska. 


FINDINGS OF FACT

The Veteran's service representative in a June 2013 letter notified the Board that the Veteran was contacted and expressed his wish to withdraw this appeal.  


CONCLUSION OF LAW

The criteria for withdrawal of a substantive appeal have been met.  38 U.S.C.A. § 7105 (West 2002); 38 C.F.R. § 20.204 (2012).


REASONS AND BASES FOR FINDINGS AND CONCLUSION

The Veteran's service representative in a June 2013 letter notified the Board that the Veteran was contacted and expressed his wish to withdraw this appeal.  In addition, the service representative noted that the Veteran was satisfied with the results of his last rating decision.  The Board notes that the Veteran was recently awarded a 100 percent rating for PTSD by rating action in January 2013.  

VA regulation provides for the withdrawal of an appeal to the Board by the submission of a written request to that effect at any time before the Board issues a final decision on the matter in question.  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.  38 C.F.R. § 20.204(b).  Appeal withdrawals must be in writing and must include the name of the Veteran, the applicable claim number, and a statement that the appeal is withdrawn.  Id.  

As of June 2013, the date that the Board received the above letter and motion to withdraw, the Board had not yet issued a final decision on this case.  The June 2013 letter and motion to withdraw are in writing, include the Veteran's claim number, and clearly express his desire to withdraw the current appeal.  Therefore, the Veteran's withdrawal of the appeal is valid. 

When pending appeals are withdrawn, there is no longer an allegation of error of fact or law with respect to the determinations that had been previously appealed. Consequently, 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 the claim at issue is not appropriate and the Veteran's appeal should be dismissed.  Id.  


ORDER

The issue of service connection for a low back condition is dismissed. 



____________________________________________
JAMES L. MARCH
Veterans Law Judge, Board of Veterans' Appeals


Department of Veterans Affairs