Citation Nr: 18140386
Decision Date: 10/03/18	Archive Date: 10/02/18

DOCKET NO. 15-32 579
DATE:	October 3, 2018
ORDER
1.  Entitlement to a rating in excess of 10 percent for tinnitus is dismissed.

REMANDED
2.  Entitlement to a compensable rating for bilateral hearing loss is remanded.
FINDING OF FACT
In September 2018, on the record at a videoconference hearing before the undersigned, prior to the promulgation of a decision in the matter, the Veteran expressed his intent, to withdraw his appeal seeking a higher rating for tinnitus; there is no question of fact or law in the matter remaining before the Board.  
CONCLUSION OF LAW
Regarding the claim of entitlement to a rating in excess of 10 percent for tinnitus, the criteria for withdrawal of an appeal by the Veteran are met; the Board has no further jurisdiction in the matter.  38 U.S.C. §§ 7104, 7105(b)(2), (d)(5); 38 C.F.R. § 20.204.   
REASONS AND BASES FOR FINDING AND CONCLUSION
The appellant is a Veteran who served on active duty from August 1969 to July 1973.  This case is before the Board of Veterans’ Appeals (Board) on appeal from a January 2013 rating decision.  In September 2018, a videoconference hearing was held before the undersigned.  
1.  The appeal seeking a rating in excess of 10 percent for tinnitus is dismissed.
The Board has jurisdiction where there is a question of law or fact on appeal to the Secretary.  38 U.S.C. § 7104; 38 C.F.R. § 20.101.  Under 38 U.S.C. § 7105, the Board may dismiss any appeal that fails to allege specific error of fact or law in the determination being appealed.  An appeal must be withdrawn in writing or on the record at a hearing, and may be withdrawn by the appellant or by his or her authorized representative at any time before the Board promulgates a decision in the matter.  38 C.F.R. § 20.204. 
On the record at the videoconference hearing before the undersigned in September 2018, the Veteran expressed his intent to withdraw his appeal seeking a rating in excess of 10 percent for tinnitus.  There is no allegation of error of fact or law for appellate consideration on the claim.  Accordingly, the Board does not have jurisdiction to consider an appeal in the matter, and the appeal must be dismissed.  
REASONS FOR REMAND
2.  Entitlement to a compensable rating for bilateral hearing loss is remanded.
The Veteran has asserted that his bilateral hearing loss has worsened since he was last examined by VA to assess the disability, in January 2013.  VA outpatient records show that in April 2015 he was seen at an audiology clinic, when he underwent audiometry and was fitted for hearing aids (suggesting worsening of the disability).  VA audiology records are constructively of record; and a contemporaneous examination is necessary.
The matter is REMANDED for the following:
1.  Associate with the claims file the Veteran’s April 2015 VA audiogram (converted to numerical values) and any updated (since February 2016) VA records pertaining to his VA evaluations and treatment for hearing loss.  
2.  Then arrange for an audiological evaluation of the Veteran (with audiometric studies) to assess the current severity of his bilateral hearing loss disability.  His claims file should be reviewed by the examiner.  In addition to reporting the audiometry results, the examiner should ask the Veteran to describe the impact his hearing loss has on his daily activities, and comment whether the Veteran’s account is consistent with the level of hearing loss shown by audiometry.  All opinions must include rationale.    

 
GEORGE R. SENYK
Veterans Law Judge
Board of Veterans’ Appeals
ATTORNEY FOR THE BOARD	Debbie Breitbeil, Counsel