Citation Nr: 1807278 Decision Date: 02/05/18 Archive Date: 02/14/18 DOCKET NO. 14-30 511 ) DATE ) ) On appeal from the Department of Veterans Affairs (VA) Regional Office (RO) in Muskogee, Oklahoma THE ISSUE Entitlement to service connection for aortic valve regurgitation and replacement (claimed as heart disease). REPRESENTATION Appellant represented by: Disabled American Veterans ATTORNEY FOR THE BOARD B. Elwood, Counsel INTRODUCTION The Veteran served on active duty from September 1964 to August 1967. This appeal to the Board of Veterans' Appeals (Board) arose from a February 2014 rating decision in which the RO denied service connection for aortic valve regurgitation and replacement (claimed as heart disease). In March 2014, the Veteran filed a notice of disagreement (NOD). A statement of the case (SOC) was issued in July 2014, and the Veteran filed a substantive appeal (via a VA Form 9, Appeal to the Board of Veteran's Appeals) in August 2014. Pursuant to the Veteran's request, he was scheduled for a Board video-conference hearing before the undersigned Veterans Law Judge on a date in January 2018. However, given the document filed on the date of the hearing (discussed below), the hearing was deemed cancelled. As for the matter of representation, the Veteran was formerly represented by attorney Timothy M. White. In May 2016, the Veteran appointed Disabled American Veterans as his accredited representative via a properly completed VA Form 21-22, Appointment of Veterans Service . The Board recognizes the change in representation While the Veteran previously had a paper claims file, this appeal is now being processed utilizing the paperless, electronic Veterans Benefits Management System (VBMS) and Virtual VA (Legacy Content Manager) claims processing systems. FINDING OF FACT In January 2018, prior to the issuance of an appellate decision, the Veteran withdrew from appeal the issue of entitlement to service connection for aortic valve regurgitation and replacement (claimed as heart disease). CONCLUSION OF LAW The criteria for withdrawal of the appeal are met. 38 U.S.C. § 7105 (b)(2), (d)(5) (2012); 38 C.F.R. § 20.204 (2017). 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. § 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 An appeal may be withdrawn as to any or all issues involved in the appeal at any time before the Board promulgates a decision. 38 C.F.R. § 20.204.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 Veteran or by his or her authorized representative in writing or on the record at a hearing on appeal. Id. In the present case, in January 2018, prior to the issuance of an appellate decision, the Veteran's representative submitted a statement from the Veteran in which he indicated that he wished to withdraw his appeal. Hence, there remain no allegations of error of fact or law for appellate consideration with regard to the claim for service connection for aortic valve regurgitation and replacement (claimed as heart disease). Accordingly, the Board does not have jurisdiction to review the appeal as to this matter, and it must be dismissed. ORDER The appeal is dismissed. ____________________________________________ JACQUELINE E. MONROE Veterans Law Judge, Board of Veterans' Appeals Department of Veterans Affairs