Citation Nr: 1323266	
Decision Date: 07/22/13    Archive Date: 08/01/13

DOCKET NO.  11-08 526	)	DATE
	)

On appeal from the decision of the 
Department of Veterans Affairs (VA) Regional Office (RO) in Houston, Texas


THE ISSUES

1.  Whether new and material evidence has been received to reopen a claim of entitlement to service connection for bilateral hearing loss.

2.  Whether new and material evidence has been received to reopen a claim of entitlement to service connection for tinnitus.



REPRESENTATION

Appellant represented by:	Texas Veterans Commission


ATTORNEY FOR THE BOARD

James R. Siegel, Counsel

INTRODUCTION

The appellant is a Veteran who served on active duty from February 1966 to July 1968.  This matter is before the Board of Veterans' Appeals (Board) on appeal from an April 2010 rating decision of the Regional Office (RO).


FINDING OF FACT

On September 12, 2012, prior to the promulgation of a decision in the appeal, the Board received notification from the appellant, through his authorized representative, that he is withdrawing his appeal to reopen claims of service connection for hearing loss and tinnitus.   


CONCLUSION OF LAW

The criteria for withdrawal of an appeal by the appellant are met; the Board has no further jurisdiction to consider an appeal seeking to reopen claims of service connection for hearing loss and tinnitus.  38 U.S.C.A. §§ 7104, 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  An appeal may be withdrawn as to any or all issues involved in the appeal at any time before the Board promulgates a decision.  38 C.F.R. § 20.204 (2012).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.  

The September 12, 2012 (prior to issuance of a decision in the matters) the Board received notification from the appellant, through his authorized representative, that he was withdrawing his appeal seeking to reopen claims of service connection for hearing loss and tinnitus.  Hence, there remain no allegations of errors of fact or law for appellate consideration in these matters.  Accordingly, the Board does not have jurisdiction to review an appeal in the matters (see 38 U.S.C.A. § 7104), and the appeal must be dismissed.


ORDER

The appeal seeking to reopen claims of service connection for hearing loss and tinnitus is dismissed.


		
GEORGE R. SENYK
	Veterans Law Judge, Board of Veterans' Appeals



Department of Veterans Affairs