Citation Nr: 1323727	
Decision Date: 07/25/13    Archive Date: 08/06/13

DOCKET NO.  12-10 037	)	DATE
	)


On appeal from the decision of the 
Department of Veterans Affairs Regional Office in Nashville, Tennessee


THE ISSUE

Whether new and material evidence has been submitted to reopen a claim for service connection for the residuals of consumption of an illegal substance, to include dementia. 


REPRESENTATION

Veteran represented by:	Donald A. Donati, Attorney at Law


ATTORNEY FOR THE BOARD

J. L. Prichard, Counsel



INTRODUCTION

The Veteran had active honorable service from June 1977 to April 1980.  He also served on active duty from March 1981 to November 1983 under other than honorable conditions.  

This matter comes before the Board of Veterans' Appeals (Board) on appeal of a January 2011 rating decision of the Nashville, Tennessee, regional office (RO) of the Department of Veterans Affairs (VA) that denied a request to reopen claims for service connection for post-traumatic stress disorder (PTSD), depression, and the residuals of consumption of an illegal substance based on new and material evidence.  The Veteran submitted a timely notice of disagreement with this decision in February 2011.  The April 2012 statement of the case characterized the claims for service connection for PTSD and depression as a single claim for service connection for a psychiatric disability.  The claim for service connection for the residuals of consumption of an illegal substance was also included but listed as a separate issue.  A substantive appeal for both issues was received in April 2012.  

Subsequently, entitlement to service connection for PTSD, previously addressed as an acquired psychiatric disability, was granted in a November 2012 rating decision.  This represents a complete grant in regards to that issue, and it is not before the Board.  However, the request to reopen the claim for service connection for residuals of consumption of an illegal substance on the basis of new and material evidence remains before the Board. 


FINDING OF FACT

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



CONCLUSION OF LAW

The criteria for withdrawal of an appeal by the Veteran (or his or her 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 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.  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.  Withdrawal may be made by the appellant or by his or her authorized representative.  Id.  In the present case, the Veteran, 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 is dismissed.


ORDER

The appeal is dismissed.



		
JOY A. MCDONALD
	Veterans Law Judge, Board of Veterans' Appeals




Department of Veterans Affairs