Citation Nr: 1324197	
Decision Date: 07/30/13    Archive Date: 08/07/13

DOCKET NO.  02-15 138A	)	DATE
	)
	)

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


THE ISSUE

Entitlement to service connection for cardiovascular disease, to include hypertension, coronary artery disease (CAD), and residuals of rheumatic heart disease.


REPRESENTATION

Appellant represented by:	Daniel Krasnegor, attorney


WITNESS AT HEARING ON APPEAL

Appellant


ATTORNEY FOR THE BOARD

M. Scott Walker, Counsel


INTRODUCTION

The Veteran had active service from September 1960 to November 1963. 

This appeal to the Board of Veterans' Appeals (Board) arises from a February 2002 rating decision of the Department of Veterans Affairs (VA) Regional Office (RO) in Roanoke, Virginia, that denied service connection for cardiovascular disease. 

In April 2004, the undersigned VLJ granted the Veteran's March 2004 motion to advance this case on the Board's docket pursuant to the provisions of 38 U.S.C.A. § 7107(a)(2) (West 2002) and 38 C.F.R. § 20.900(c). 

In October 2002, the Veteran testified at a hearing before a decision review officer at the RO.  In February 2004, he testified at a Board hearing before the undersigned Veterans Law Judge (VLJ) in Washington, D.C. A copy of the hearing transcript (Transcript) has been associated with the record.

By decisions of May 2004, June 2006, and December 2007, the Board remanded the issue on appeal to the RO for further development.  In July 2008, the Board denied service connection for cardiovascular disease.  The Veteran appealed the denial to the U.S. Court of Appeals for Veterans Claims (Court).  By June 2009 Order, the Court vacated the Board's July 2008 decision and remanded the matter to the Board for compliance with instructions contained in a June 2009 Joint Motion for Remand (Joint Motion).  

By a decision of September 17, 2010, the Board denied service connection for a cardiovascular disorder.  However, the Veteran's representative submitted a motion to vacate that decision in September 2010 because he did not have a chance to review and respond to the VA examination report and opinion upon which the denial was based.  The representative stated that this evidence was never submitted to him.  In January 2012, the Board vacated the September 17, 2010 decision.

Most recently, the Board requested an opinion from a specialist with the Veterans Health Administration (VHA) in January 2013.  That opinion was issued in February 2013 and has been associated with the record. 

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

A signed statement from the Veteran's representative, dated June 28, 2013, was received by VA prior to the promulgation of a decision by the Board, in which the Veteran expressed his desire to withdraw the issue on appeal.  


CONCLUSION OF LAW

The criteria for withdrawal of a Substantive Appeal have been met with respect to the issue of entitlement to service connection for cardiovascular disease, to include hypertension, coronary artery disease (CAD), and residuals of rheumatic heart disease.  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

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 or on the record at a hearing.  See 38 C.F.R. § 20.202 (2012).  Withdrawal may be made by the appellant or by his authorized representative.  See 38 C.F.R. § 20.204 (2012).  Here, a signed statement dated June 28, 2013, was received from the Veteran's representative, in which he expressed his desire to withdraw the issue on appeal.

Accordingly, the Board does not have jurisdiction to review this claim and it is dismissed.  


ORDER

The issue of entitlement to service connection for cardiovascular disease, to include hypertension, coronary artery disease (CAD), and residuals of rheumatic heart disease, is dismissed.




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

Department of Veterans Affairs