Citation Nr: 1322338	
Decision Date: 07/12/13    Archive Date: 07/18/13

DOCKET NO.  11-02 948	)	DATE
	)
	)

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


THE ISSUE

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


REPRESENTATION

Appellant represented by:	Disabled American Veterans


ATTORNEY FOR THE BOARD

J. W. Loeb


INTRODUCTION

The Veteran had active duty service from October 1968 to November 1971.  

This case comes before the Board of Veterans Appeals (the Board) on appeal of a February 2009 rating decision of the Department of Veterans Affairs (VA) Regional Office in Columbia, South Carolina (RO), which denied several issues, including the issue listed on the title page.  The Veteran timely appealed.  

Based on the Veteran's request, a videoconference hearing with a member of the Board was scheduled at the RO on June 11, 2013, and the Veteran was notified of the hearing by VA letter dated in March 2013.  However, the Veteran withdrew his request for a hearing on June 11, 2013.  See 38 C.F.R. § 20.702(d) (2012).


FINDING OF FACT

Received by VA in June 2013, prior to the promulgation of a decision in this appeal, is a statement from the Veteran requesting withdrawal of his appeal.  


CONCLUSION OF LAW

The criteria for withdrawal of the substantive appeal by the Veteran for the issue of whether new and material evidence has been received to reopen a claim for entitlement to service connection for hypertension have been met.  38 U.S.C.A. § 7105 (West 2002); 38 C.F.R. §§ 20.202, 20.204(b), (c) (2012).  


REASONS AND BASES FOR FINDING AND CONCLUSION

In a statement dated June 11, 2013, and added to the claims file on June 17, 2013, the Veteran indicated that he wished to withdraw his pending appeal.  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  A substantive appeal may be withdrawn in writing at any time before the Board promulgates a decision.  38 C.F.R. §§ 20.202, 20.204(b).  Withdrawal may be made by the Veteran or by his authorized representative, except that a representative may not withdraw a substantive appeal filed by the Veteran personally without the express written consent of the Veteran.  38 C.F.R. § 20.204(c).  

Prior to the promulgation of a decision by the Board in this case, the Board finds that the Veteran's June 2013 statement indicates that he no longer wishes to pursue the appeal on the issue of whether new and material evidence has been received to reopen a claim for entitlement to service connection for hypertension.  Rather, he stated that he wishes to withdraw his appeal on this issue.  

As a result, no allegation of error of fact or law remains before the Board for consideration with regard to the issue formerly on appeal.  


ORDER

The claim of whether new and material evidence has been received to reopen a claim for entitlement to service connection for hypertension is dismissed.  



____________________________________________
U. R. POWELL
Veterans Law Judge, Board of Veterans' Appeals


Department of Veterans Affairs