Citation Nr: 1323560	
Decision Date: 07/24/13    Archive Date: 08/01/13

DOCKET NO.  11-23 472	)	DATE
	)
	)

On appeal from the
Department of Veterans Affairs Regional Office in Lincoln, Nebraska


THE ISSUE

Entitlement to service connection for bilateral hearing loss.  


REPRESENTATION

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


ATTORNEY FOR THE BOARD

J. Fussell, Counsel



INTRODUCTION

The Veteran had active service from May 1965 to November 1968.

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

The Veteran was scheduled for a travel Board hearing in July 2013 but, in June 2013, he cancelled his request for a hearing.  Accordingly, the request for a hearing has been withdrawn.  38 C.F.R. § 20.702(e) (2010) (a request for a hearing may be withdrawn by an appellant at any time before the date of the hearing).


FINDINGS OF FACT

In June 2013, prior to the promulgation of a decision in the appeal, the Board received written notification from the Veteran that a withdrawal of this appeal was requested. 


CONCLUSION OF LAW

The criteria for withdrawal of a Substantive Appeal by the Veteran's attorney have been met.  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 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  A Substantive Appeal may be withdrawn in writing at any time before the Board promulgates a decision.  38 C.F.R. §§ 20.202, 20.204 (2012).  Withdrawal may be made by the Veteran or by his or her authorized representative.  38 C.F.R. § 20.204 (2012).  Here, the Veteran submitted written notification to the Board in June 2013, requesting a withdrawal of this appeal in its entirety.  Hence, there remain no allegations of error of fact or law for appellate consideration.  

Accordingly, the Board does not have jurisdiction to review the appeal, and it is dismissed. 


ORDER

The appeal is dismissed.



____________________________________________
MARJORIE A. AUER
Veterans Law Judge, Board of Veterans' Appeals



Department of Veterans Affairs