Citation Nr: 1320755	
Decision Date: 06/27/13    Archive Date: 07/05/13

DOCKET NO.  11-04 189	)	DATE
	)
	)

On appeal from the
Department of Veterans Affairs Regional Office in Houston, Texas


THE ISSUE

Entitlement to an initial compensable disability rating for bilateral hearing loss. 


REPRESENTATION

Appellant represented by:	Texas Veterans Commission


ATTORNEY FOR THE BOARD

Devon Rembert-Carroll, Associate Counsel







INTRODUCTION

The Veteran had active service in the Army from July 1961 to July 1981. 

The matter is before the Board of Veterans' Appeals (Board) on appeal from a January 2009 rating decision of the Department of Veteran Affairs (VA) Regional Office (RO) in Houston, Texas.  Which, in pertinent part, denied service connection for bilateral knee condition and granted service connection for bilateral hearing loss at a noncompensable rating.  The Veteran initially disputed the denial of service connection for bilateral knee condition; however, service connection for bilateral knee condition was granted during the course of the appeal, which constitutes a full grant.  See Grantham v. Brown, 114 F.3d 1156, 1158 (Fed. Cir. 1997).  


FINDING OF FACT

In March 2012, prior to the promulgation of a decision in this appeal, the Veteran requested to withdraw his appeal.


CONCLUSION OF LAW

The criteria for withdrawal of the appeal by the Veteran 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.  An appeal may be withdrawn as to any or all issues involved in the appeal at any time before the Board promulgates a decision.  38 C.F.R. § 20.204.  Withdrawal may be made by the appellant or by his or her authorized representative.  38 C.F.R. § 20.204(a).  Except for appeals withdrawn on the record at a hearing, appeal withdrawals must be in writing and include the name of the veteran, the applicable Department of Veterans Affairs file number, and a statement that the appeal is withdrawn.  38 C.F.R. § 20.204(b).  

In this case the Veteran submitted a letter in March 2012 stating that he wished to withdraw his appeal regarding his hearing problems.  This statement met the requirements of 38 C.F.R. § 20.204.  As a result, no allegation of error of fact or law remains before the Board for consideration with regard to this issue.  38 C.F.R. § 20.204(c).  Accordingly, the Board does not have jurisdiction to review this appeal and it must be dismissed.


ORDER

The appeal is dismissed.




____________________________________________
K. OSBORNE
Veterans Law Judge, Board of Veterans' Appeals



Department of Veterans Affairs