Citation Nr: 1321396	
Decision Date: 07/03/13    Archive Date: 07/12/13

DOCKET NO.  10-19 953	)	DATE
	)


On appeal from the decision of the 
Department of Veterans Affairs Regional Office in Columbia, South Carolina


THE ISSUES

1.  Whether new and material evidence has been received to reopen a claim for service connection for a left knee disability.

2.  Whether new and material evidence has been received to reopen a claim for service connection for tuberculosis.


REPRESENTATION

Appellant represented by:	The American Legion


ATTORNEY FOR THE BOARD

C. L. Wasser, Counsel

INTRODUCTION

The Veteran served on active duty from March 1985 to August 1995, from September 2003 to December 2003, and from January 2004 to February 2007.

This case comes to the Board of Veterans' Appeals (Board) on appeal from a September 2009 decision by the Regional Office (RO) in Columbia, South Carolina that in pertinent part, determined that new and material evidence had not been submitted to reopen previously denied claims for service connection for a left knee disability and tuberculosis.

In its February 2010 statement of the case, the RO reopened the previously denied claim for service connection for a left knee disability, and then denied this claim on its underlying merits.  Regardless of how the RO ruled on this question, the Board has an obligation to make an independent determination of its jurisdiction, and thus the issues on appeal are as listed on the first page of this decision.  Jackson v. Principi, 265 F.3d 1366 (Fed. Cir. 2001); Barnett v. Brown, 83 F.3d 1380 (Fed. Cir. 1996). 

FINDING OF FACT

On June 10, 2013, prior to the promulgation of a decision in the appeal, the Board received notification from the appellant that a withdrawal of this appeal is requested.


CONCLUSION OF LAW

The criteria for withdrawal of an appeal by the appellant 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  An appeal may be withdrawn as to any or all issues involved in the appeal at any time before the Board promulgates a decision.  38 C.F.R. § 20.204 (2012).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  In the present case, the appellant has withdrawn this appeal and, hence, there remain no allegations  of errors of fact or law for appellate consideration.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.




		
S. L. Kennedy 
	Veterans Law Judge, Board of Veterans' Appeals




Department of Veterans Affairs