Citation Nr: 1612533 Decision Date: 03/29/16 Archive Date: 04/07/16 DOCKET NO. 12-10 800 ) DATE ) ) On appeal from the Department of Veterans Affairs Regional Office in St. Petersburg, Florida THE ISSUES 1. Entitlement to service connection for bilateral hearing loss disability. 2. Entitlement to service connection for tinnitus. REPRESENTATION Appellant represented by: The American Legion ATTORNEY FOR THE BOARD K. Haddock, Counsel INTRODUCTION The Veteran had active air service from January 1961 to January 1965. This case comes before the Board of Veterans' Appeals (Board) on appeal from a January 2010 rating decision by the Department of Veterans Affairs (VA) Regional Office (RO) in St. Petersburg, Florida. FINDING OF FACT Prior to the promulgation of a decision in this appeal, the Veteran's representative submitted a written statement in December 2015 withdrawing all issues on appeal. CONCLUSION OF LAW The criteria for a withdrawal of the appeal have been met. 38 U.S.C.A. §§ 7105(a), 7108 (West 2014); 38 C.F.R. §§ 20.200, 20.202, 20.204(b)(c) (2015). REASONS AND BASES FOR FINDING AND CONCLUSION An appeal consists of a timely filed notice of disagreement in writing, and after a statement of the case has been furnished, a timely filed substantive appeal. 38 U.S.C.A. § 7105(a) (West 2014); 38 C.F.R. § 20.200 (2015). A substantive appeal may be withdrawn in writing by an appellant or authorized representative at any time before the Board promulgates a decision. 38 C.F.R. § 20.204(b) (2015). Except for appeals withdrawn on the record at a hearing, appeal withdrawals must be in writing. The record shows that the Veteran filed a timely notice of disagreement with the denial of entitlement to service connection for bilateral hearing loss disability and tinnitus in the January 2010 rating decision. In April 2012, the Veteran perfected an appeal of those issues. In a December 2015 written statement, the Veteran's representative stated the Veteran's desire to withdraw the appeal of entitlement to service connection for bilateral hearing loss disability and tinnitus. As the Veteran has withdrawn the substantive appeal, the Board does not have jurisdiction to decide the appeal. Therefore, the appeal must be dismissed. 38 C.F.R. § 20.204 (2015). ORDER The appeal is dismissed. ____________________________________________ MATTHEW W. BLACKWELDER Veterans Law Judge, Board of Veterans' Appeals Department of Veterans Affairs