ON MOTION

ORDER

Gary D. Smith moves to voluntarily, dismiss his appeal of the decision of the United States Court of Appeals for Veterans Claims in Smith v. Nicholson, 04-1277, 2006 WL 3438410 (Nov. 3, 2006).

Upon consideration thereof,

IT IS ORDERED THAT:

(1) The motion is granted.

(2) Each side shall bear its own costs.