Citation Nr: 1322833	
Decision Date: 07/17/13    Archive Date: 07/24/13

DOCKET NO.  08-09 779	)	DATE
	)
	)

On appeal from the
Department of Veterans Affairs Regional Office in Oakland, California


THE ISSUE

Entitlement to service connection for chronic pain syndrome.


REPRESENTATION

Appellant represented by:	Disabled American Veterans


WITNESS AT HEARING ON APPEAL

The Veteran


ATTORNEY FOR THE BOARD

M. Peters, Associate Counsel


INTRODUCTION

The Veteran had active duty service from October 1976 to October 1979.

This matter comes before the Board of Veterans' Appeals (Board) on appeal from a December 2006 rating decision by the Department of Veterans Affairs (VA) Regional Office (RO).  The Veteran timely appealed that decision.

The Veteran testified at a Board hearing before the undersigned in July 2009; a transcript of that hearing is associated with the claims file.

This case was last before the Board in January 2013, when it was remanded for further development.  That development having been completed, the case has been returned to the Board for further appellate review at this time.

The Board notes that in the prior January 2013 remand, the Board also remanded a service connection claim for a psychiatric disorder, to include posttraumatic stress disorder (PTSD), major depression and a dysthymic disorder.  In an April 2013 rating decision, the Veteran was awarded service connection for a major depressive disorder and assigned a 50 percent evaluation for that disability, effective January 31, 2006.  No notice of disagreement has been received with respect to that issue as of this time.  As that award of benefits is a full grant of benefits sought on appeal with respect to that issue, the Board will no longer discuss that issue in this decision.


FINDING OF FACT

In an April 2013 correspondence, and in light of an April 2013 grant by VA of service connection for another issue previously before the Board, the Veteran requested withdrawal of any issues remaining on appeal.


CONCLUSION OF LAW

The criteria for withdrawal of appeal for the issue of service connection for chronic pain syndrome by the Veteran 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

Under 38 U.S.C.A. § 7105, the Board may dismiss any appeal which fails to allege specific error of fact or law in the determination being appealed.  A Substantive Appeal may be withdrawn during the course of a Board hearing or in writing at any time before the Board promulgates a decision.  38 C.F.R. § 20.202 (2012).  Withdrawal may be made by the appellant or by his authorized representative.  38 C.F.R. § 20.204 (2012).

In an April 2013 correspondence titled Appeals Satisfaction Notice, the Veteran requested to withdraw the sole remaining issue on appeal in light of one of the other previously-remanded issues being granted on appeal.  Hence, there remain no allegations of errors of law or fact for appellate consideration with regards to the issue of service connection for chronic pain syndrome; accordingly, the Board does not have jurisdiction to review that issue on appeal and it is dismissed.


ORDER

The appeal is dismissed.



____________________________________________
THOMAS H. O'SHAY
Acting Veterans Law Judge, Board of Veterans' Appeals

Department of Veterans Affairs