Citation Nr: 21073860
Decision Date: 12/10/21	Archive Date: 12/10/21

DOCKET NO. 19-26 884
DATE: December 10, 2021

ORDER

The appeal is dismissed.

FINDING OF FACT

On November 30, 2021, prior to the promulgation of a decision in the appeal, the Board received notification from the Veteran that he wanted to withdraw his appeal.

CONCLUSION OF LAW

The criteria for withdrawal of an appeal by the Veteran have been met.  38 U.S.C. § 7105; 38 C.F.R. § 19.55.

REASONS AND BASES FOR FINDING AND CONCLUSION

The Veteran served on active duty from December 1970 to August 1973. 

This case comes before the Board of Veterans' Appeals (Board) on appeal from a March 2018 rating decision issued by the Department of Veterans Affairs (VA) Regional Office (RO).  In that decision, the RO increased the evaluation for cirrhosis of the liver with hepatitis C to 10 percent effective from October 11, 2017.

During the pendency of the appeal, in an August 2019 rating decision, the RO granted service connection for hepatocellular cancer of the liver and assigned a 100 percent evaluation effective from October 11, 2017.  The RO also assigned a 20 percent evaluation for hepatitis C and a separate 10 percent evaluation for cirrhosis of the liver effective from October 11, 2017.  In an April 2021 rating decision, the RO continued the 100 percent evaluation for hepatocellular cancer of the liver.

The Board notes that the Veteran had previously requested a hearing before a Veterans Law Judge.  However, the Veteran cancelled the hearing. 

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  An appeal may be withdrawn as to any or all issues involved in the appeal at any time before the Board promulgates a decision. 38 C.F.R. § 19.55.  Withdrawal may be made by the appellant or by his or her authorized representative. 38 C.F.R. § 19.55.

In November 2021, the Veteran submitted a written statement indicating that he wanted to withdraw his appeal.  He stated that no further action needed to be taken.  The Veteran has withdrawn the appeal, and hence, there remain no allegations of errors of fact or law for appellate consideration.  Accordingly, the Board does not have jurisdiction to review the appeal, and it is dismissed.

 

J.W. ZISSIMOS

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	K.M. Walker

The Board's decision in this case is binding only with respect to the instant matter decided. This decision is not precedential and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.