Citation Nr: 1324317	
Decision Date: 07/31/13    Archive Date: 08/07/13

DOCKET NO.  11-14 577	)	DATE
	)
	)

On appeal from the
Department of Veterans Affairs Regional Office in Chicago, Illinois


THE ISSUES

1.  Entitlement to service connection for prostate cancer, to include residual bladder leakage, to include as secondary to herbicide exposure.

2.  Entitlement to service connection for lateral femoral nerve damage, right lower extremity, to include as secondary to prostate cancer.


REPRESENTATION

Appellant represented by:	Illinois Department of Veterans Affairs


ATTORNEY FOR THE BOARD

M. Purdum, Counsel



INTRODUCTION

The appellant is a Veteran who served on active duty from October 1966 to December 1973.

This matter comes before the Board of Veterans' Appeals (Board) on appeal from an October 2009 rating decision by the St. Louis, Missouri, Regional Office (RO) of the Department of Veterans Affairs (VA).  Subsequently, jurisdiction over the appeal was transferred to the RO in Chicago, Illinois.

The Veteran was scheduled to appear before the Board via videoconference at the RO in Chicago, Illinois on June 18, 2013.  However, by a June 26, 2013, statement, as will be discussed below, the Veteran withdrew his appeal.  As such, the Veteran's request for a hearing is deemed withdrawn.  See 38 C.F.R. § 20.703 (2012). 

A review of the Virtual VA paperless claims processing system does not reveal any additional documents pertinent to the present appeal.


FINDING OF FACT

In correspondence received by VA on June 26, 2013, the Veteran requested a withdrawal of his appeal.


CONCLUSION OF LAW

The criteria for withdrawal of a substantive appeal for the issues of entitlement to service connection for prostate cancer, to include residual bladder leakage, to include as secondary to herbicide exposure, and service connection for lateral femoral nerve damage, right lower extremity, to include as secondary to prostate cancer, have been met.  38 U.S.C.A. § 7105(b)(2), (d)(5) (West 2002); 38 C.F.R.    § 20.204 (2011).

REASONS AND BASES FOR FINDING AND CONCLUSION

Appeal Withdrawal

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  An appeal may be withdrawn as to any or all issues involved in the appeal at any time before the Board promulgates a decision.  38 C.F.R. § 20.204.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.  38 C.F.R. § 20.204. 

In the present case, the appellant has withdrawn his appeal for the issues of entitlement to prostate cancer, to include residual bladder leakage, to include as secondary to herbicide exposure, and service connection for lateral femoral nerve damage, right lower extremity, to include as secondary to prostate cancer.  Thus, there remain no allegations of errors of fact or law for appellate consideration. Accordingly, the Board does not have jurisdiction to review the appeal as to these claims and they are dismissed.


ORDER

Entitlement to service connection for prostate cancer, to include residual bladder leakage, to include as secondary to herbicide exposure, is dismissed.

Entitlement to service connection for lateral femoral nerve damage, right lower extremity, to include as secondary to prostate cancer, is dismissed.



____________________________________________
S. L. Kennedy
Veterans Law Judge, Board of Veterans' Appeals


Department of Veterans Affairs