Citation Nr: 1322890	
Decision Date: 07/18/13    Archive Date: 07/24/13

DOCKET NO.  09-24 248	)	DATE
	)
	)

On appeal from the
Department of Veterans Affairs Regional Office in Roanoke, Virginia


THE ISSUE

Entitlement to service connection for a bilateral hearing loss disability.  


REPRESENTATION

Appellant represented by:	Veterans of Foreign Wars of the United States


ATTORNEY FOR THE BOARD

J. T. Sprague, Counsel







INTRODUCTION

The Veteran had active service in the United States Army from March 1961 to May 1969, to include duty in Vietnam.  There were additional periods of active duty for training and inactive duty for training in the Pennsylvania Army National Guard.  
This matter comes before the Board of Veterans' Appeals (Board) from an August 2008 rating decision of the Department of Veterans Affairs (VA) Regional Office (RO) in Houston, Texas.  Th claim has been before the Board on a previous occasion, and was dispatched to the Veterans Health Administration (VHA) for a medical opinion in May 2013.  An opinion was returned and has been associated with the claims file.  

The Veteran's entire claims file, to include the portion contained in the electronic "Virtual VA" system, was reviewed.  


FINDING OF FACT

Prior to the promulgation of a decision in the appeal, the Veteran's representative advised the Board that the Veteran wished to withdraw his appeal.

CONCLUSION OF LAW

The criteria for withdrawal of an appeal by the Veteran regarding the issue of entitlement to service connection for a bilateral hearing loss disability 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 FINDING AND CONCLUSION

Under 38 U.S.C.A. § 7105, the Board may dismiss any appeal which fails to allege specific error of fact or law in the determination being appealed.  A Substantive Appeal may be withdrawn in writing at any time before the Board promulgates a decision.  38 C.F.R. § 20.202.  Withdrawal may be made by an appellant or by his or her authorized representative.   38 C.F.R. § 20.204.

The Veteran in this case initially alleged that he had developed a hearing loss disability as a result of his active service, to include exposure to loud aircraft and munitions sounds in Vietnam.  The case, in May 2013, was referred for an expert audiology opinion from the Veterans Health Administration (VHA).  Subsequent to this, in July 2013, the Veteran's representative posited a statement that the Veteran wished to withdraw his appeal.  

The July 2013 submission by the Veteran's representative constitutes a written request for a withdrawal of the claim on appeal.  As such, there is no matter under appellate consideration, and the Board will dismiss the claim.  See Hamilton v. Brown, 4 Vet. App. 528 (1993) (en banc), aff'd, 39 F.3d 1574 (Fed. Cir. 1994) (holding that the Board is without the authority to proceed on an issue if the claimant indicates that consideration of that issue should cease).


ORDER

The appeal is dismissed.  


____________________________________________
MATTHEW D. TENNER
Acting Veterans Law Judge, Board of Veterans' Appeals



Department of Veterans Affairs