Citation Nr: 18140304
Decision Date: 10/02/18	Archive Date: 10/02/18

DOCKET NO. 13-21 066
DATE:	October 2, 2018
ORDER
The appeal for a disability rating in excess of 60 percent for Crohn’s disease is withdrawn.
FINDING OF FACT
In a September 2018 statement, prior to the promulgation of a decision by the Board on the claim for a disability rating in excess of 60 percent for Crohn’s disease, the Veteran indicated his desire to withdraw the issue from appeal.
CONCLUSION OF LAW
The appeal for a disability rating in excess of 60 percent for Crohn’s disease has been withdrawn and is dismissed.  38 U.S.C. §§ 7105(d), 7108 (West 2012); 38 C.F.R. §§ 20.202, 20.204(b)(c) (2017).
REASONS AND BASES FOR FINDING AND CONCLUSION
The Veteran served on active duty in the U.S. Navy from June 1973 to June 1993.  In a May 2015 decision, the Board granted the Veteran a 30 percent rating for his service-connected Chron’s disease.  In October 2016, the Court of Appeals for Veterans Claims vacated the Board’s denial of a rating in excess of 30 percent and remanded the matter back to the Board.    
Entitlement to a disability rating in excess of 60 percent for Crohn’s disease
During the appeal period, the Veteran was granted a 60 percent rating for his Chron’s disease, which was effectuated in a July 2018 rating decision.  In September 2018, the Veteran submitted a written statement indicating that he is satisfied with the 60 percent rating for Chron’s disease and withdraws his appeal.  
According to 38 C.F.R. § 20.204(b), when an appeal is not withdrawn on the record at a hearing, withdrawal of an appeal must be in writing and must include the name of the Veteran, the applicable claim number, and a statement that the appeal is being withdrawn.  The claim also must be received by the Board prior to issuance of a decision regarding the claim or claims being withdrawn.  Id.  In the instant case, the Veteran’s September 2018 statement meets all of the requirements under 38 C.F.R. § 20.204(b) to withdraw an appeal.  Thus, the Veteran has withdrawn his substantive appeal with respect to an increased rating for Chron’s disease.  Accordingly, the Board does not have jurisdiction to decide the appeal, and the claim is withdrawn.  
 
GAYLE STROMMEN
Veterans Law Judge
Board of Veterans’ Appeals
ATTORNEY FOR THE BOARD	A. Smith, Associate Counsel