Citation Nr: 1322922	
Decision Date: 07/18/13    Archive Date: 07/24/13

DOCKET NO.  11-08 580	)	DATE
	)


On appeal from the decision of the 
Department of Veterans Affairs Regional Office in Milwaukee, Wisconsin


THE ISSUE

Entitlement to service connection for a sleep disorder.



REPRESENTATION

Appellant represented by:	Wisconsin Department of Veterans Affairs



ATTORNEY FOR THE BOARD

Michael Holincheck, Counsel



INTRODUCTION

The Veteran served on active duty from November 1971 to November 1973.

This matter comes before the Board of Veterans' Appeals (Board) on appeal from an October 2009 rating decision by the Department of Veterans Affairs (VA) Regional Office (RO) in Milwaukee, Wisconsin.

The Veteran also had a separate claim for service connection for an acquired psychiatric disorder, to include posttraumatic stress disorder (PTSD) that was denied September 2010.  The Veteran submitted a notice of disagreement in March 2011.  He was issued a statement of the case in regard to the issue in August 2012.  

The Veteran's current appeal was certified to the Board in September 2012, prior to the expiration of the appeal period for the claim for service connection for an acquired psychiatric disorder, to include PTSD.  There is no indication in the claims file that the Veteran has perfected an appeal of this issue.  Thus, it is not before the Board at this time for appellate review.


FINDINGS OF FACT

1.  The Veteran in this case served on active duty from November 1971 to November 1973.

2.  In October 2012, prior to the promulgation of a decision in the appeal, the Board received notification from the Veteran that a withdrawal of this appeal is requested.


CONCLUSION OF LAW

The criteria for withdrawal of an appeal 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 FINDINGS AND CONCLUSION

The Veteran submitted a statement that was received at the Board in October 2012.  He stated that he no longer wanted to pursue his appeal.  

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  An appeal may be withdrawn as to any or all issues involved in the appeal at any time before the Board promulgates a decision.  38 C.F.R. § 20.204 (2012).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 Veteran or by his authorized representative.  38 C.F.R. § 20.204.  In the present case, the Veteran has withdrawn this appeal and, hence, there remain no allegations of errors of fact or law for appellate consideration.  Accordingly, the Board does not have jurisdiction to review the appeal and it is dismissed.


ORDER

The appeal is dismissed.



		
M. C. GRAHAM
	Acting Veterans Law Judge, Board of Veterans' Appeals



Department of Veterans Affairs