Citation Nr: 1323063	
Decision Date: 07/18/13    Archive Date: 07/24/13

DOCKET NO.  04-31 829A	)	DATE
	)
	)

On appeal from the
Department of Veterans Affairs Regional Office in Albuquerque, New Mexico


THE ISSUES

1.  Entitlement to service connection for bilateral hearing loss.

2.  Entitlement to service connection for tinnitus.


REPRESENTATION

Appellant represented by:	Disabled American Veterans


ATTORNEY FOR THE BOARD

A. Hinton, Counsel



INTRODUCTION

The Veteran served on active duty from September 1966 to September 1968.  

These matters come before the Board of Veterans' Appeals (Board) on appeal from a February 2005 rating decision of the Department of Veterans Affairs (VA) Regional Office (RO) in Albuquerque, New Mexico, which denied the benefits sought on appeal.  
 
In a VA Form 9 submitted in July 2011 the Veteran requested a Board hearing at a local RO, however, in a statement received in August 2011 the Veteran withdrew that request.  

In October 2011 the Board remanded the claims on appeal, as well as a claim for service connection for posttraumatic stress disorder (PTSD).  In an October 2012 rating decision the RO granted service connection for PTSD. 

In February 2013 the Board remanded the case for further development.


FINDING OF FACT

In a statement from the Veteran dated in June 2013, and received by the Board prior to the promulgation of a decision in the appeal, the Veteran notified VA that he requested a withdrawal of his appeal of the claims of entitlement to service connection for bilateral hearing loss and tinnitus.


CONCLUSIONS OF LAW

1.  The criteria have been met for withdrawal of the claim for service connection for bilateral hearing loss.  38 U.S.C.A. § 7105(b)(2), (d)(5) (West 2002); 38 C.F.R. §§ 20.202, 20.204 (2012).  

2.  The criteria have been met for withdrawal of the claim of entitlement to service connection for tinnitus.  38 U.S.C.A. § 7105(b)(2), (d)(5) (West 2002); 38 C.F.R. §§ 20.202, 20.204 (2012).  


REASONS AND BASES FOR FINDINGS AND CONCLUSIONS

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   A Substantive Appeal may be withdrawn by an appellant or an appellant's authorized representative in writing at any time before the Board promulgates a decision.  38 C.F.R. §§ 20.202, 20.204.  

In a written submission signed by the Veteran and dated on June 24, 2013, and received by the Board prior to the promulgation of the decision in the appeal, the appellant withdrew the appeal of the claims of entitlement to service connection for bilateral hearing loss and tinnitus.  

No allegations of errors of fact or law remain for appellate consideration on this appeal.  Accordingly, the Board does not have jurisdiction to review the appeal, and the appeal is dismissed. 


ORDER

The claim of entitlement to service connection for bilateral hearing loss is dismissed.

The claim of entitlement to service connection for tinnitus is dismissed.


____________________________________________
RONALD W. SCHOLZ
Veterans Law Judge, Board of Veterans' Appeals

Department of Veterans Affairs