Citation Nr: 1320936	
Decision Date: 06/28/13    Archive Date: 07/05/13

DOCKET NO.  12-31 249	)	DATE
	)
	)

On appeal from the
Department of Veterans Affairs Regional Office in Oakland, California


THE ISSUE

Entitlement to an initial evaluation in excess of 10 percent for coronary artery disease/ischemic heart disease, status-post myocardial infarction and stents.  


REPRESENTATION

Appellant represented by:	California Department of Veterans Affairs


ATTORNEY FOR THE BOARD

J. Davitian, Counsel


INTRODUCTION

The Veteran served on active duty from August 1965 to July 1968.

This case is before the Board of Veterans' Appeals (BVA or Board) on appeal from a November 2010 rating decision of the Department of Veterans Affairs (VA) Regional Office (RO) in Oakland, California, that granted service connection for coronary artery disease/ischemic heart disease, status-post myocardial infarction and stents, evaluated as 10 percent disabling.


FINDING OF FACT

In April 2013, prior to the promulgation of a decision in the appeal, the Veteran withdrew his appeal for an initial evaluation in excess of 10 percent for coronary artery disease/ischemic heart disease, status-post myocardial infarction and stents. 


CONCLUSION OF LAW

The criteria for withdrawal of a substantive appeal by the Veteran have been met with respect to the appeal for an initial evaluation in excess of 10 percent for coronary artery disease/ischemic heart disease, status-post myocardial infarction and stents.  38 U.S.C.A. § 7105 (West 2002); 38 C.F.R. §§ 20.202, 20.204(b) (2012). 


REASONS AND BASES FOR FINDING AND CONCLUSION

Under 38 U.S.C.A. § 7105, the Board may dismiss any appeal that 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  A substantive appeal may be withdrawn in writing at any time before the Board promulgates a decision.  38 C.F.R. §§ 20.202, 20.204(b). 

In April 2013, the Veteran submitted a written statement that he wished to withdraw his appeal for an initial evaluation in excess of 10 percent for coronary artery disease/ischemic heart disease, status-post myocardial infarction and stents.  The Board finds that the Veteran's statement satisfies the requirements for withdrawing the appeal.  Thus, with respect to that claim, there are no remaining allegations of error of fact or law for appellate consideration, and that appeal is withdrawn.  Accordingly, the Board does not have jurisdiction to review that appeal, and it is dismissed.  


ORDER

The appeal for an initial evaluation in excess of 10 percent for coronary artery disease/ischemic heart disease, status-post myocardial infarction and stents, is dismissed.



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



Department of Veterans Affairs