Citation Nr: 21028336
Decision Date: 05/11/21	Archive Date: 05/11/21

DOCKET NO. 20-23 595
DATE: May 11, 2021

ORDER

The appeal as to entitlement to service connection for hepatic fibrosis as secondary to hepatitis C is dismissed.

The appeal as to entitlement to a rating in excess of 70 percent for post-traumatic stress disorder with unspecified depressive disorder and alcohol use disorder is dismissed. 

FINDINGS OF FACT

1. In March 2021, prior to the promulgation of a decision on the appeal, the Veteran's representative stated in correspondence that the Veteran wished to withdraw his appeal as to the issue of entitlement to service connection for hepatic fibrosis as secondary to hepatitis C.

2. In March 2021, prior to the promulgation of a decision on the appeal, the Veteran's representative stated in correspondence that the Veteran wished to withdraw his appeal as to the issue of entitlement to a rating in excess of 70 percent for post-traumatic stress disorder with unspecified depressive disorder and alcohol use disorder.

CONCLUSIONS OF LAW

1. The criteria for withdrawal of service connection for hepatic fibrosis as secondary to hepatitis C have been met.  38 U.S.C. § 7105; 38 C.F.R. § 19.55.

2. The criteria for withdrawal of entitlement to a rating in excess of 70 percent for post-traumatic stress disorder with unspecified depressive disorder and alcohol use disorder have been met.  38 U.S.C. § 7105; 38 C.F.R. § 19.55.

REASONS AND BASES FOR FINDINGS AND CONCLUSIONS

The Veteran served on active duty from October 1974 to March 1989. 

This case comes before the Board of Veterans' Appeals (Board) on appeal from a June 2016 rating decision issued by the Department of Veterans Affairs (VA) Regional Office (RO).

WITHDRAWAL

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 (2020).  An appeal may be withdrawn as to any or all issues involved in the appeal at any time before the Board promulgates a decision.  38 C.F.R. § 19.55 (2020).  Withdrawal may be made by the appellant or by his or her authorized representative. 38 C.F.R. § 19.55. 

In the present case, the Veteran's representative reported in March 2021 correspondence that the Veteran wished to withdraw from appellate review his claims regarding entitlement to service connection for hepatic fibrosis as secondary to hepatitis C and entitlement to a rating in excess of 70 percent for post-traumatic stress disorder with unspecified depressive disorder and alcohol use disorder.  

Withdrawal may be made by the appellant or by his or her authorized representative.  38 C.F.R. § 19.55 (2020).  As a result, there remain no allegations of errors of fact or law for appellate consideration with regard to these issues. 

Accordingly, the Board does not have jurisdiction over these issues, and the appeals are dismissed with respect to said issues.

 

G. A. WASIK

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	J. Wade

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.