Citation Nr: 1323404	
Decision Date: 07/23/13    Archive Date: 08/01/13

DOCKET NO.  12-19 673	)	DATE
	)
	)

On appeal from the
Department of Veterans Affairs Regional Office in Denver, Colorado


THE ISSUES

1.  Entitlement to service connection for bilateral hearing loss.

2.  Entitlement to service connection for bilateral tinnitus.

3.  Entitlement to service connection for right upper extremity peripheral neuropathy.

4.  Entitlement to service connection for left upper extremity peripheral neuropathy.  


REPRESENTATION

Appellant represented by:	Colorado Division of Veterans Affairs


ATTORNEY FOR THE BOARD

S. Lipstein


INTRODUCTION

The Veteran served on active duty from December 1966 to December 1970. 

This matter comes before the Board of Veterans' Appeals (Board) on appeal from a February 2011 rating decision of the Denver, Colorado Department of Veterans Affairs (VA) Regional Office (RO). 

The Veteran was scheduled to testify at a hearing before a Veterans Law Judge in July 2013.  However, the Veteran did not appear at the hearing and has not requested rescheduling at a later date.


FINDING OF FACT

In correspondence dated in July 2013, prior to promulgation of a decision by the Board, the Veteran withdrew his appeals.


CONCLUSIONS OF LAW

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

3.  The criteria for withdrawal of a Substantive Appeal have been met with respect to the issue of entitlement to service connection for right upper extremity peripheral neuropathy.  38 U.S.C.A. § 7105(b)(2), (d)(5) (West 2002); 38 C.F.R. §§ 20.202, 20.204 (2012).

4.  The criteria for withdrawal of a Substantive Appeal have been met with respect to the issue of entitlement to service connection for left upper extremity peripheral neuropathy.  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

In correspondence dated in July 2013, the Veteran's representative noted that the Veteran was withdrawing his appeals regarding the issues of entitlement to service connection for bilateral hearing loss, bilateral tinnitus, right upper extremity peripheral neuropathy, and left upper extremity peripheral neuropathy.  

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 at any time before the Board promulgates a decision.  38 C.F.R. § 20.202. 

The July 2013 correspondence from the Veteran's representative clearly evinces the Veteran's intent to withdraw his appeals for entitlement to service connection for bilateral hearing loss, bilateral tinnitus, right upper extremity peripheral neuropathy, and left upper extremity peripheral neuropathy.  Consequently, 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 these appeals and they are dismissed.  38 U.S.C.A. § 7105.



ORDER

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

The appeal for entitlement to service connection for bilateral tinnitus is dismissed.

The appeal for entitlement to service connection for right upper extremity peripheral neuropathy is dismissed.

The appeal for entitlement to service connection for left upper extremity peripheral neuropathy is dismissed.



____________________________________________
MICHAEL E. KILCOYNE
Veterans Law Judge, Board of Veterans' Appeals



Department of Veterans Affairs