Citation Nr: 1321353	
Decision Date: 07/03/13    Archive Date: 07/12/13

DOCKET NO.  09-23 282	)	DATE
	)
	)

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


THE ISSUE

Entitlement to an evaluation in excess of 30 percent for an acquired psychiatric disorder, prior to March 17, 2008, and in excess of 50 percent from March 17, 2008.


REPRESENTATION

Appellant represented by:	Disabled American Veterans


ATTORNEY FOR THE BOARD

M. Scott Walker, Counsel






INTRODUCTION

The Veteran served on active duty from July 1963 to July 1966.

This matter comes before the Board of Veterans' Appeals (Board) on appeal from a May 2009 rating decision of the Department of Veterans Affairs (VA) Regional Office (RO) in Denver, Colorado.


FINDING OF FACT

A signed statement from the Veteran's representative, dated May 29, 2013, was received by VA prior to the promulgation of a decision by the Board, in which the Veteran expressed his desire to withdraw all issues on appeal.  


CONCLUSION OF LAW

The criteria for withdrawal of a Substantive Appeal have been met with respect to the issue of an evaluation in excess of 30 percent for an acquired psychiatric disorder, prior to March 17, 2008, and in excess of 50 percent from March 17, 2008.  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

Under 38 U.S.C.A. § 7105, the Board may dismiss any appeal which 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  A Substantive Appeal may be withdrawn in writing at any time before the Board promulgates a decision or on the record at a hearing.  See 38 C.F.R. § 20.202 (2011).  Withdrawal may be made by the appellant or by his authorized representative.  See 38 C.F.R. § 20.204 (2011).  Here, a signed statement dated May 29, 2013, was received from the Veteran's representative, in which he expressed his desire to withdraw all issues on appeal.

Accordingly, the Board does not have jurisdiction to review this claim and it is dismissed.  


ORDER

The issue of an evaluation in excess of 30 percent for an acquired psychiatric disorder, prior to March 17, 2008, and in excess of 50 percent from March 17, 2008, is dismissed.


____________________________________________
F. JUDGE FLOWERS
Veterans Law Judge, Board of Veterans' Appeals



Department of Veterans Affairs