Citation Nr: 1321878	
Decision Date: 07/09/13    Archive Date: 07/18/13

DOCKET NO.  09-21 595	)	DATE
	)


On appeal from the decision of the 
Department of Veterans Affairs Regional Office in Philadelphia, Pennsylvania


THE ISSUE


Entitlement to service connection for hypertension, claimed as a cardiovascular condition.


REPRESENTATION

Appellant represented by:	Disabled American Veterans


WITNESS AT HEARING ON APPEAL

Veteran


ATTORNEY FOR THE BOARD

A. G. Alderman, Counsel


INTRODUCTION

The Veteran served on active duty from September 1978 to September 1982, from November 1987 to September 1993, from February 1997 to December 1997, and from December 2003 to February 2005.  She also served in the Active Guard Reserve from September 1982 to November 1987, September 1993 to February 1997, and from December 1997 to December 2003.

This matter comes before the Board of Veterans' Appeals (Board) on appeal from a June 2007 rating decision by Department of Veterans Affairs (VA) Regional Office (RO) in Philadelphia, Pennsylvania.

Per the November 2011 Board remand, the Veteran has reasonably raised the issues of entitlement to service connection for chest pain and/or a chest disorder, other than a cardiovascular disorder, unspecified joint pain, and a muscle disorder.  Since the Agency of Original Jurisdiction (AOJ) has not adjudicated these issues, the Board does not have jurisdiction over them, and they are referred to the AOJ for appropriate action.


FINDING OF FACT

In December 2012 and May 2013, prior to the promulgation of a decision in the appeal, the Board received notification from the Veteran, through her authorized representative, that a withdrawal of this appeal is requested.




CONCLUSION OF LAW

The criteria for withdrawal of an appeal by the Veteran or her authorized representative 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  An appeal may be withdrawn as to any or all issues involved in the appeal at any time before the Board promulgates a decision.  38 C.F.R. § 20.204 (2012).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 Board remanded this matter in November 2011, along with the issues of entitlement to service connection for an acquired psychiatric disorder, to include posttraumatic stress disorder (PTSD), and for right upper extremity carpal tunnel syndrome.  In August 2012, the Appeals Management Center (AMC) granted service connection for PTSD and carpal tunnel syndrome of the right upper extremity; therefore, these claims are no longer before the Board.  In an August 2012 supplemental statement of the case, the AMC continued the denial of service connection for hypertension, claimed as a cardiovascular condition.  In December 2012 and May 2013, the Veteran, through her authorized representative, submitted written statements asking to withdraw her appeal seeking service connection for hypertension, claimed as a cardiovascular condition.  With no allegation of error of fact or law remaining before the Board, the Board does not have jurisdiction to review the appeal with regard to this issue and it is dismissed.





ORDER

The appeal is dismissed.




		
JOY A. MCDONALD
	Veterans Law Judge, Board of Veterans' Appeals




Department of Veterans Affairs