Citation Nr: 1323236	
Decision Date: 07/22/13    Archive Date: 08/01/13

DOCKET NO.  10-07 529	)	DATE
	)


On appeal from the decision of the 
Department of Veterans Affairs (VA) Regional Office (RO)
in Portland, Oregon


THE ISSUE

Entitlement to service connection for a low back condition. 


REPRESENTATION

Appellant represented by:	Oregon Department of Veterans' Affairs


ATTORNEY FOR THE BOARD

John Francis, Counsel 





INTRODUCTION

The Veteran served on active duty from April 1968 to January 1973 including combat service in the Republic of Vietnam from March 1969 to October 1970.

This appeal to the Board of Veterans' Appeals (Board) arose from an April 2008 rating decision in which the RO, inter alia, denied service connection for a low back condition.  In July 2008, the Veteran filed a notice of disagreement (NOD). 
A statement of the case (SOC) was issued in January 2012, and the Veteran filed a substantive appeal (via a VA Form 9, Appeal to the Board of Veterans' Appeals) in February 2010.  For reasons expressed below, the Board is formally dismissing this issue.

The Board notes that, in the April 2008 rating decision, the RO also denied service connection for hypertension.  In July 2008, the Veteran filed an NOD, but did not subsequently perfect an appeal of the denial of service connection.  See  38 U.S.C.A. § 7105 (West 2002); 38 C.F.R. §§ 20.200, 20.201, 20.202 (2012)   In January 2012, the RO granted service connection for hypertension.  Although the RO certified this issue to the Board in May 2013, absent a perfected appeal, the Board never had jurisdiction of this matter.  Hence, the appeal is limited to the issue set forth on the title page.


FINDING OF FACT

On July 7, 2013, prior to the promulgation of a decision in the appeal, the Board received written notification from the appellant through his authorized representative that he withdrew his appeal.



CONCLUSION OF LAW

The criteria for withdrawal of an appeal by the appellant or his authorized representative are 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  An appeal may be withdrawn as to any or all issues involved in the appeal at any time before the Board promulgates a decision.  38 C.F.R. § 20.204 (2012).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 appellant, through his authorized representative, 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 must be dismissed.


ORDER

The appeal is dismissed.



		
JACQUELINE E. MONROE
	Veterans Law Judge, Board of Veterans' Appeals



Department of Veterans Affairs