Citation Nr: 1323725	
Decision Date: 07/25/13    Archive Date: 08/06/13

DOCKET NO.  11-02 370	)	DATE
	)
	)

On appeal from the decision of the 
Department of Veterans Affairs Regional Office in Roanoke, Virginia


THE ISSUES

1.  Entitlement to an increased initial rating for coronary artery disease, rated 10 percent prior to May 17, 2010; 30 percent since May 17, 2010; and 60 percent since May 29, 2012. 

2.  Entitlement to an increased initial rating for posttraumatic stress disorder (PTSD), rated 50 percent prior to January 16, 2013, and 70 percent since January 16, 2013.


REPRESENTATION

Appellant represented by:	Jan Dils, Attorney at Law


WITNESS AT HEARING ON APPEAL

Appellant
ATTORNEY FOR THE BOARD

A. Cryan, Counsel


INTRODUCTION

The Veteran served on active duty from April 1969 to January 1971.

This matter comes before the Board of Veterans' Appeals (Board) on appeal from November 2009 and November 2010 rating decisions by the Department of Veterans Affairs (VA) Regional Office (RO) in Roanoke, Virginia. 

The Veteran testified at a hearing before a Decision Review Officer (DRO) at the RO in January 2013.  The Veteran requested a hearing before the Board when he submitted his substantive appeal for the increased rating claim for coronary artery disease.  In a June 2013 statement, the Veteran's representative requested that the hearing be canceled.   


FINDING OF FACT

On June 17, 2013, prior to the promulgation of a decision in the appeal, the Board received notification from the appellant, through his authorized representative, that a withdrawal of this appeal is requested.


CONCLUSION OF LAW

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  An appeal may be withdrawn as to any or all issues involved in the appeal at any time before the Board promulgates a decision.  38 C.F.R. § 20.204 (2012).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

The appellant, through his authorized representative, requested withdraw of this appeal in June 2013.  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.



		
HARVEY P. ROBERTS
	Veterans Law Judge, Board of Veterans' Appeals


Department of Veterans Affairs