Citation Nr: 1320970	
Decision Date: 06/28/13    Archive Date: 07/05/13

DOCKET NO.  99-04 760	)	DATE
	)
	)
On appeal from the
Department of Veterans Affairs Regional Office in San Juan, the Commonwealth of Puerto Rico


THE ISSUE

Entitlement to a rating higher than 10 percent for residuals of infectious hepatitis (Hepatitis B), schistosomiasis, and ancylostomiasis, prior to September 16, 2009, and to a rating higher than 20 percent since.


REPRESENTATION

Appellant represented by:	Joseph R. Moore, Esq.


WITNESSES AT HEARING ON APPEAL

The Veteran and his sister


ATTORNEY FOR THE BOARD

T. M. Gillett, Counsel


INTRODUCTION

The Veteran had active military service from July 1951 to July 1953.

This appeal to the Board of Veterans' Appeals (Board) is from a March 1998 rating decision of the Department of Veterans Affairs (VA) Regional Office (RO) in San Juan, Puerto Rico, which, in pertinent part, denied a disability rating higher than 10 percent for the Veteran's already service-connected infectious hepatitis, schistosomiasis, and ancylostomiasis. 

This case has been before the Board on several prior occasions.  Most recently, in June 2011, the Board remanded the claim to the RO for further development.  But as the Veteran since has chosen to withdraw his appeal of this claim, the Board need not discuss whether the RO complied with the terms of that remand.  See, e.g., Stegall v. West, 11 Vet. App. 268, 271 (1998).  Indeed, the Board need only summarily dismiss this appeal.

Consider also however that, in the May 30, 2013 letter explaining the Veteran is withdrawing his appeal of this claim, his attorney indicated the Veteran also has a claim pending at the RO for an effective date earlier than September 24, 1997, for the grant of service connection for a psychiatric disability.  The attorney therefore wants the Board to direct the RO to issue a decision on this other claim as soon as possible.  Reviewing both the claims file and the "Virtual VA" e-folder, the Board finds no notation regarding any pending claim for an earlier effective date.  Therefore, as a courtesy to the Veteran, the Board is referring this claim to the RO.

Please also 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

On May 30 2013, prior to the promulgation of a decision in the appeal of this claim, the Board received notification from the Veteran that he is withdrawing his appeal of this claim.


CONCLUSION OF LAW

The criteria are met for withdrawal of the Substantive Appeal regarding the Veteran's claim of entitlement to a rating higher than 10 percent for residuals of infectious hepatitis (Hepatitis B), schistosomiasis, and ancylostomiasis, prior to September 16, 2009, and to a rating higher than 20 percent since.  38 U.S.C.A. § 7105(b)(2), (d)(5) (West 2002 & Supp. 2012); 38 C.F.R. § 20.204 (2012).


WITHDRAWAL OF APPEAL

The Board may dismiss any appeal that 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.  See id.  In a statement received at the Board in May 2013, the Veteran's attorney wrote that the Veteran is withdrawing his appeal of this increased-rating claim.  Hence, there remain no allegations of errors of fact or law for appellate consideration.  Accordingly, the Board does not have jurisdiction to review this appeal and it is dismissed.



ORDER

The claim of entitlement to a rating higher than 10 percent for residuals of infectious hepatitis (Hepatitis B), schistosomiasis, and ancylostomiasis, prior to September 16, 2009, and to a rating higher than 20 percent since is dismissed as withdrawn.



____________________________________________
KEITH W. ALLEN
Veterans Law Judge, Board of Veterans' Appeals



Department of Veterans Affairs