Citation Nr: 1323238 Decision Date: 07/22/13 Archive Date: 08/01/13 DOCKET NO. 09-38 271 ) DATE ) ) On appeal from the Department of Veterans Affairs (VA) Regional Office (RO) in Muskogee, Oklahoma THE ISSUES 1. Entitlement to service connection for blurred vision, also claimed as bad vision, to include as due to Gulf War undiagnosed illness. 2. Entitlement to service connection for memory loss, to include as due to Gulf War undiagnosed illness. 3. Entitlement to service connection for joint pain, to include as due to Gulf War undiagnosed illness. REPRESENTATION Appellant represented by: Disabled American Veterans ATTORNEY FOR THE BOARD A. Zenzano, Associate Counsel INTRODUCTION The Veteran had active service from October 1974 to February 1995. This appeal to the Board of Veterans' Appeals (Board) arose from a June 2008 rating decision in which the RO declined to reopen the Veteran's claims of entitlement to service connection for blurred vision and arthritis of the lumbar spine because the evidence received was not new and material, and denied service connection for headaches, memory loss and joint pain. The Veteran filed a notice of disagreement (NOD) in October 2008, and the RO issued a statement of the case (SOC) in August 2009. The Veteran submitted a statement, along with additional evidence in September 2009 which was construed as a substantive appeal in lieu of a VA Form 9, Appeal to Board of Veterans' Appeals. In January 2013, the RO reopened the Veteran's claim pertaining to arthritis of the lumbar spine, granting service connection for such as well as for headaches, such that these issues are not part of the present appeal. In November 2009, the Veteran requested a Board videoconference hearing before a Veterans Law Judge. The requested hearing was scheduled for July 2013, however, as the Veteran notified the Board in June 2013 of his desire to withdraw his appeal, he did not appear for the scheduled hearing. A July 2013 review of the Virtual VA paperless claims processing system does not reveal any additional documents pertinent to the present appeal. FINDINGS OF FACT 1. In June 2013, prior to the promulgation of a decision by the Board, the Veteran withdrew from appeal the claim of entitlement to service connection for blurred vision, also claimed as bad vision, to include as due to Gulf War undiagnosed illness. 2. In June 2013, prior to the promulgation of a decision by the Board, the Veteran withdrew from appeal the claim of entitlement to service connection for memory loss, to include as due to Gulf War undiagnosed illness. 3. In June 2013, prior to the promulgation of a decision by the Board, the Veteran withdrew from appeal the claim of entitlement to service connection for joint pain, to include as due to Gulf War undiagnosed illness. CONCLUSIONS OF LAW 1. The criteria for withdrawal of a substantive appeal concerning the claim of entitlement to service connection for blurred vision, also claimed as bad vision, to include as due to Gulf War undiagnosed illness, have been met. 38 U.S.C.A. § 7105(b)(2), (d)(5) (West 2002); 38 C.F.R. §§ 20.202, 20.204 (2012). 2. The criteria for withdrawal of a substantive appeal concerning the claim of entitlement to service connection for memory loss, to include as due to Gulf War undiagnosed illness, have been met. 38 U.S.C.A. § 7105(b)(2), (d)(5) (West 2002); 38 C.F.R. §§ 20.202, 20.204 (2012). 3. The criteria for withdrawal of a substantive appeal concerning the claim of entitlement to service connection for joint pain, to include as due to Gulf War undiagnosed illness, have been met. 38 U.S.C.A. § 7105(b)(2), (d)(5) (West 2002); 38 C.F.R. §§ 20.202, 20.204 (2012). REASONS AND BASES FOR FINDINGS AND CONCLUSIONS 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 in writing at any time before the Board promulgates a decision. 38 C.F.R. § 20.202. Withdrawal may be made by the appellant or by his or her authorized representative. 38 C.F.R. § 20.204. In a signed statement from the Veteran, dated June 2013, he indicated that, as he had received a 100 percent disability rating, he would like to withdraw his appeal to the Board. A review of the Veteran's claims file confirms that he was awarded a 100 percent disability rating for posttraumatic stress disorder in a December 2010 rating decision. Thus, no allegations of errors of fact or law remain for appellate consideration with respect to the matters of entitlement to service connection for blurred vision, also claimed as bad vision, memory loss and joint pain, all claimed to include as due to Gulf War undiagnosed illness. Accordingly, the Board does not have jurisdiction to review these matters on appeal and they must be dismissed. (CONTINUED ON NEXT PAGE) ORDER The appeal as to the claim of entitlement to service connection for blurred vision, also claimed as bad vision, to include as due to Gulf War undiagnosed illness, is dismissed. The appeal as to the claim of entitlement to service connection for memory loss, to include as due to Gulf War undiagnosed illness, is dismissed. The appeal as to the claim of entitlement to service connection for joint pain, to include as due to Gulf War undiagnosed illness, is dismissed. ____________________________________________ JACQUELINE E. MONROE Veterans Law Judge, Board of Veterans' Appeals Department of Veterans Affairs