Citation Nr: 1323735	
Decision Date: 07/25/13    Archive Date: 08/06/13

DOCKET NO.  12-22 024	)	DATE
	)
	)

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


THE ISSUE

Entitlement to service connection for degenerative joint disease of the cervical spine, claimed as the residual of a neck injury.


REPRESENTATION

Appellant represented by:	Wisconsin Department of Veterans Affairs


ATTORNEY FOR THE BOARD

M. Postek, Associate Counsel


INTRODUCTION

The Veteran served on active duty from June 1957 to November 1959.

This case comes before the Board of Veterans' Appeals (Board) on appeal from an October 2011 rating decision by the RO.

In that decision, the RO granted service connection for bilateral hearing loss and tinnitus and denied service connection for degenerative joint disease of the cervical spine.  The Veteran perfected an appeal as to the claimed back disorder.

The Veteran was scheduled for a hearing before a Decision Review Officer (DRO) in May 2012.  He requested that the hearing be rescheduled.  

In a July 2012 written submission, the Veteran cancelled his hearing request; he thereafter indicated that he was withdrawing the request in a written submission dated the following month.  

In light of these submissions and the Veteran's request to withdraw his appeal, the Board finds that this hearing request is deemed withdrawn.

A review of the documents in the Virtual VA electronic claims file associated with the claim reveals that they are either duplicative of the evidence in the paper claims file or are irrelevant to the issue on appeal.

Please note this appeal has been advanced on the Board's docket pursuant to 38 C.F.R. § 20.900(c) (2012).  38 U.S.C.A. § 7107(a)(2) (West 2002).



FINDING OF FACT

On September 20, 2012, prior to the promulgation of a decision in the appeal, the Board received notification from the Veteran that a withdrawal of this appeal was 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 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  An appeal may be withdrawn as to any or all issues involved in the appeal at any time before the Board promulgates a decision.  Withdrawal may be made by the appellant or by his or her authorized representative.  38 C.F.R. § 20.204 (2012).

In the present case, the Veteran submitted a letter received by the Board in September 2012, prior to the promulgation of a decision by the Board, that he did "NOT wish to continue with [his] original appeal" and that he was "thankful . . . of the services and benefits already received and [was] not seeking any further benefits."  This written submission clearly demonstrates the Veteran's intent to withdraw his appeal.  

Hence, as there is no allegation of error of fact or law remaining for appellate consideration at this time, the appeal as to this matter is dismissed.


ORDER

The appeal is dismissed.

____________________________________________
STEPHEN L. WILKINS
Veterans Law Judge, Board of Veterans' Appeal


Department of Veterans Affairs