Citation Nr: 1322792	
Decision Date: 07/17/13    Archive Date: 07/24/13

DOCKET NO.  07-29 765	)	DATE
	)


On appeal from the decision of the 
Department of Veterans Affairs Regional Office in Seattle, Washington


THE ISSUES

1.  Entitlement to service connection for a right eye disability.

2.  Entitlement to an increased rating for residuals of a shell fragment wound to the face, to include scars and partial loss of sense of taste and smell, evaluated as noncompensably disabling prior to February 1, 2010 and as 30 percent disabling beginning February 1, 2010.


REPRESENTATION

Veteran represented by:	Disabled American Veterans




WITNESS AT HEARING ON APPEAL

Veteran and his wife


ATTORNEY FOR THE BOARD

C. Fields, Counsel


INTRODUCTION

The Veteran served on active duty from September 1968 to September 1970.  He received the Combat Infantryman Badge and Purple Heart Medal.  

This case comes before the Board of Veterans' Appeals (Board) on appeal of a December 2005 rating decision of the Department of Veterans Affairs (VA) Regional Office (RO) in Seattle, Washington.  The Veteran and his wife testified before the undersigned at an April 2011 hearing at the RO (Travel Board hearing).  

The Board remanded these issues for further development in July 2011.  The Veteran's paper claims file and Virtual VA claims file have both been reviewed.


FINDING OF FACT

In June 2012, prior to the promulgation of a decision in the appeal, the Board received notification from the Veteran and his authorized representative requesting a withdrawal of all issues on appeal.  





CONCLUSION OF LAW

The criteria for withdrawal of an appeal by the appellant (or his 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 that fails to allege specific error of fact or law in the determination being appealed.  38 U.S.C.A. § 7105.  An appeal may be withdrawn as to any or all issues involved in the appeal at any time before the Board promulgates a decision.  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In the present case, the Veteran and his authorized representative have withdrawn this appeal and, hence, there remain no allegations of errors of fact or law for appellate consideration.  Specifically, in a June 2012 statement, the Veteran indicated that he was fully satisfied with the VA decisions and wanted to cancel all VA appeals.  Similarly, on the same day in June 2012, the Veteran's representative stated that all pending issues on appeal were withdrawn.  These were both clear withdrawals of the appeal, in accordance with applicable laws.  Accordingly, the Board does not have jurisdiction to review the appeal and it is dismissed.


ORDER

The appeal is dismissed.



		
Mark D. Hindin
	Veterans Law Judge, Board of Veterans' Appeals
Department of Veterans Affairs