Citation Nr: 1320113	
Decision Date: 06/21/13    Archive Date: 07/02/13

DOCKET NO.  12-24 980	)	DATE
	)


On appeal from the decision of the 
Department of Veterans Affairs Regional Office in Lincoln, Nebraska


THE ISSUES

1.  Entitlement to service connection for left ear hearing loss.

2.  Entitlement to an increased (compensable) rating for right ear hearing loss.



REPRESENTATION

Appellant represented by:	The American Legion


ATTORNEY FOR THE BOARD

L. A. Rein, Counsel


INTRODUCTION

The Veteran had active service from September 1965 to September 1968.

These matters come to the Board of Veterans' Appeals (Board) on appeal from a rating decision of the Department of Veterans Affairs (VA) Regional Office (RO) in Lincoln, Nebraska.

The Board notes that the issue of entitlement to service connection for tinnitus was also perfected on appeal.  However, in a July 2012 rating decision, service connection for tinnitus was granted.; as this is considered a full grant of the benefit sought as to this matter, it is no longer on appeal. 

The Veteran was scheduled for a video-conference hearing before a VLJ at the Board; however, in a May 2013 written correspondence, the Veteran's representative, on his behalf, cancelled the Board hearing.


FINDINGS OF FACT

In May 2013,  prior to the promulgation of a decision in the appeal, the Board received written notification from the appellant, through his authorized representative, that he wished to withdrawal  his appeal.


CONCLUSIONS OF LAW

1.  The criteria for withdrawal by the appellant of his substantive appeal on the issue of entitlement to service connection for left ear hearing loss have been met. 38 U.S.C.A. § 7105(b)(2), (d)(5) (West 2002); 38 C.F.R. § 20.204 (2012).

2.  The criteria for withdrawal by the appellant of his substantive appeal on the issue of entitlement to an increased (compensable) rating for right ear hearing loss have been met.  38 U.S.C.A. § 7105(b)(2), (d)(5) (West 2002); 38 C.F.R. § 20.204 (2012).


REASONS AND BASES FOR FINDINGS AND CONCLUSION

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.A. § 7105 (West 2002).  An appeal may be withdrawn as to any or all issues involved in the appeal at any time before the Board promulgates a decision.  38 C.F.R. § 20.204 (2012).  Withdrawal may be made by the appellant or by his or her authorized representative.  38 C.F.R. § 20.204.  Except for appeals withdrawn on the record at a hearing, appeal withdrawals must be in writing. 38 C.F.R. § 20.204(b)  (2012).

In a May 2013 written statement, the Veteran, through his authorized representative, stated that he did not wish to pursue his claim at this time.  See May 2013 statement submitted by the Veteran's representative.  

The Board finds that the May 2013 written statement from the Veteran's representative qualifies as a valid withdrawal of the issues of entitlement to service connection for left ear hearing loss and for an increased (compensable) rating for right ear hearing loss under 38 C.F.R. § 20.204.  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 without prejudices as it relates to these issues.  38 U.S.C.A. § 7105 ; 38 C.F.R. § 20.204 .









ORDER

The claim for entitlement to service connection for left ear hearing loss is dismissed.

The claim for entitlement to an increased (compensable) rating for right ear hearing loss is dismissed.



		
	                                                   F. JUDGE FLOWERS
	Veterans Law Judge, Board of Veterans' Appeals

Department of Veterans Affairs