Citation Nr: 18138149
Decision Date: 09/26/18	Archive Date: 09/25/18

DOCKET NO. 15-18 754A
DATE:	September 26, 2018
ORDER
The appeal seeking entitlement to a compensable evaluation for service-connected fatty liver and benign hepatic hemangioma is dismissed.
FINDING OF FACT
In August 2018, prior to the promulgation of a decision in this appeal, the Veteran indicated that he wished to withdraw his appeal regarding the issue of entitlement to a compensable evaluation for service-connected fatty liver and benign hepatic hemangioma currently pending before the Board; there are no questions of fact or law remaining for the Board to consider.
CONCLUSION OF LAW
The criteria for the withdrawal of the issue of entitlement to a compensable evaluation for service-connected fatty liver and benign hepatic hemangioma have been met.  38 U.S.C. § 7105(b)(2), (d)(5); 38 C.F.R. §§ 20.202, 20.204.
REASONS AND BASES FOR FINDING AND CONCLUSION
The Veteran served on active duty in the United States Navy from September 1984 to May 2012.  This matter comes before the Board of Veterans’ Appeals (Board) on appeal from a July 2013 rating decision issued by the Department of Veterans Affairs (VA) Regional Office (RO) in San Diego, California.
In his June 2015 substantive appeal to the Board, the Veteran requested a videoconference hearing before a Veterans Law Judge (VLJ).  Subsequently, a videoconference hearing was scheduled for September 6, 2018.  On July 15, 2015 and July 31, 2018, the Veteran submitted statements indicating that he wished to withdraw his request for a Board hearing.  Thus, the Board considers the hearing request withdrawn pursuant to 38 C.F.R. § 20.702(d).  The Board will now turn its attention to the Veteran’s request to withdraw the remaining issue on appeal.
Withdrawal of the issue of entitlement to a compensable evaluation for service-connected fatty liver and benign hepatic hemangioma.
The Board has jurisdiction where there is a question of fact or law in any matter which, under 38 U.S.C. § 511(a), is subject to a decision by the Secretary.  38 U.S.C. § 7104.  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  An appeal may be withdrawn by the appellant or by his or her authorized representative, in writing or on the record at a hearing, at any time before the Board promulgates a decision in the matter.  38 C.F.R. § 20.204.  A withdrawal of an appeal is effective when received.  38 C.F.R. § 20.204(b)(3).
In August 2018, the Veteran indicated his desire to withdraw the appeal currently pending before the Board.  See August 2018 correspondence (wherein the Veteran asserted, “Please accept this written notice of my intention to withdraw my appeal due to the last compensation exam resolving the outstanding issues.  If any new symptoms emerge, I will submit a new claim.”).  
Although the Veteran did not specify which issue he wished to withdraw, the Board notes that the only issue currently on appeal before the Board is the issue of entitlement to a compensable evaluation for service-connected fatty liver and benign hepatic hemangioma.  In any event, the withdrawal of this issue was requested prior to the promulgation of a Board decision on this matter.  Accordingly, there are no allegations of error of fact or law remaining for appellate consideration, and the Board does not have jurisdiction to further consider an appeal of this matter.
If his fatty liver or benign hepatic hemangioma symptoms increase in severity or worsen in the future, the Veteran should file a new increased rating claim with the RO. 
 
JOHN J. CROWLEY
Veterans Law Judge
Board of Veterans’ Appeals
ATTORNEY FOR THE BOARD	M. L. Marcum, Counsel