Citation Nr: 1323942	
Decision Date: 07/26/13    Archive Date: 08/06/13

DOCKET NO.  08-11 178	)	DATE
	)
	)

On appeal from the
Department of Veterans Affairs Regional Office in Montgomery, Alabama


THE ISSUE

Entitlement to service connection for chest pain.  


REPRESENTATION

Appellant represented by:	The American Legion


WITNESS AT HEARING ON APPEAL

Veteran


ATTORNEY FOR THE BOARD

Kristi L. Gunn, Counsel


INTRODUCTION

The Veteran served on active duty from March 1978 to May 2000.  He also has unverified periods of active duty for training (ACDUTRA) and inactive duty for training (INACDUTRA) with the Alabama Army National Guard.  

This matter comes before the Board of Veterans' Appeals (Board) on appeal from August 2006 and January 2010 rating decisions of the Department of Veterans Affairs (VA) Regional Office (RO) in Montgomery, Alabama.  

In July 2012, the Veteran testified at a video conference hearing before a Veterans Law Judge.  A copy of the transcript is of record.  At the hearing, the Veteran waived initial RO consideration of the new evidence submitted in conjunction with the hearing.  38 C.F.R. § 20.1304(c) (2012). 

In September 2012, the Board remanded the claim to the agency of original jurisdiction for additional development.  The case was returned to the Board for further appellate review.  

The Board has reviewed the contents of the Veteran's Virtual VA file and found no medical or other evidence pertinent to this appeal that is not in his claims file.  


FINDING OF FACT

In June 2013 and July 2013, before the Board promulgated a decision, the Veteran and his representative submitted to the Board signed written requests to withdraw his appeal as to the issue of entitlement to service connection for chest pain, which the Board had previously remanded to the Appeals Management Center (AMC) for further development.  



CONCLUSION OF LAW

The criteria for withdrawal of the appeal as to the issue of entitlement to service connection for chest pain have been met.  38 U.S.C.A. § 7105 (West 2002); 38 C.F.R. §§ 20.202, 20.204 (2012).


REASONS AND BASES FOR FINDING AND CONCLUSION

In September 2012, the Board remanded the issues of entitlement to service connection for chest pain and entitlement to a total disability rating based on individual unemployability due to service-connected disabilities (TDIU), to the AMC for further development.  In a May 2013 Decision Review Officer (DRO) decision, the AMC granted entitlement to TDIU, effective August 5, 2005, and also established basic eligibility to Dependents' Educational Assistance, effective August 5, 2005.  

In a May 2013 Supplemental Statement of the Case (SSOC), the AMC again denied entitlement to service connection for chest pain.  

In June 2013, the Board received an Appeals Satisfaction Notice signed by the Veteran, which also included the VA claim number.  He indicated that, based on the decision rendered, he was satisfied as to the issues on appeal and wished to withdraw any remaining issues that had been remanded to the AMC by the Board for further development.  The Veteran reiterated his contentions in a July 2013 personal statement and via his representative in a July 2013 statement.  

A Veteran may withdraw his or her appeal in writing at any time before the Board promulgates a final decision.  38 C.F.R. § 20.204.  When a Veteran does so, the withdrawal effectively creates a situation in which an allegation of error of fact or law no longer exists.  In such an instance, the Board does not have jurisdiction to review the appeal, and a dismissal is then appropriate.  38 U.S.C.A. § 7105(d) (West 2002); 38 C.F.R. §§ 20.101, 20.202 (2012).  As the Veteran has withdrawn this appeal, there remains no allegation of errors of fact or law for appellate consideration.  Accordingly, the Board does not have jurisdiction to review the appeal on the issue of entitlement to service connection for chest pain, and it is dismissed.  


ORDER
The appeal as to entitlement to service connection for chest pain is dismissed.  



____________________________________________
F. JUDGE FLOWERS
Veterans Law Judge, Board of Veterans' Appeals



Department of Veterans Affairs