Citation Nr: 1321615	
Decision Date: 07/05/13    Archive Date: 07/12/13

DOCKET NO.  08-18 243	)	DATE
	)
	)

On appeal from the
Department of Veterans Affairs Regional Office in Nashville, Tennessee


THE ISSUE

Entitlement to service connection for dental trauma for purposes of VA compensation.


REPRESENTATION

Appellant represented by:	The American Legion


WITNESS AT HEARING ON APPEAL

The Veteran


ATTORNEY FOR THE BOARD

A.E.H. Gibson, Associate Counsel


INTRODUCTION

The Veteran had active duty service from January 1957 to January 1959.

This matter is before the Board of Veterans' Appeals (Board) on appeal from a January 2008 rating decision of the Department of Veterans Affairs (VA) Regional Office (RO) in Nashville, Tennessee.

The Veteran testified before the undersigned Veterans Law Judge (VLJ) at a hearing in January 2010. A transcript of the hearing has been associated with the Veteran's claim file.

A review of the Virtual VA paperless claims processing system does not reveal any additional documents pertinent to the present appeal.

Please note this appeal has been advanced on the Board's docket pursuant to 38 C.F.R. § 20.900(c) (2012). 38 U.S.C.A. § 7107(a)(2) (West 2002).


FINDING OF FACT

In June 2013, prior to the promulgation of a decision on the claim on appeal, the Board received a written statement from the Veteran withdrawing his appeal. 


CONCLUSION OF LAW

The criteria for withdrawal of a substantive appeal 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 Veteran has submitted a written statement, dated in March 2013, withdrawing  his appeal.

VA regulations provide for the withdrawal of an appeal to the Board by the submission of a written request at any time before the Board issues a final decision on the merits. 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. See 38 C.F.R. § 20.204(b) (2012). Appeal withdrawals must be in writing and must include the name of the veteran, the veteran's claim number, and a statement that the appeal is withdrawn. Id.

As of June 17, 2013, the date of receipt of the Veteran's statement, the Board had not yet issued a final decision on this case. The statement contains his name and claim number, and also clearly expresses a desire to withdraw his appeal. Therefore, the Veteran's withdrawal of the appeal is valid. See id.

When pending appeals are withdrawn, there are no longer allegations of factual or legal error with respect to the issues that had been previously appealed. 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 this issue is not appropriate and the appeal is dismissed.  Id.









ORDER

Entitlement to service connection for dental trauma for purposes of VA compensation is dismissed.


____________________________________________
Vito A. Clementi
Veterans Law Judge, Board of Veterans' Appeals



Department of Veterans Affairs