Citation Nr: 18145516
Decision Date: 10/29/18	Archive Date: 10/29/18

DOCKET NO. 16-08 042
DATE:	October 29, 2018
ORDER
The appeal of entitlement for an increased disability rating in excess of 50 percent for sensorineural hearing loss is dismissed.
FINDING OF FACT
On May 1, 2017, prior to the promulgation of a decision in the appeal, the Board received notification from the Veteran, through his authorized representative, that a withdrawal of his appeal is requested. The Veteran indicated that he desires to withdraw his appeal of his claim for an increased rating of his service-connected bilateral hearing loss condition. 

CONCLUSION OF LAW
The criteria for withdrawal of an appeal by the Veteran’s authorized representative have been met. 38 U.S.C. § 7105(b)(2), (d)(5); 38 C.F.R. § 20.204.
REASONS AND BASES FOR FINDING AND CONCLUSION
The Veteran served on active duty from August 1965 to August 1967. This matter is on appeal from an August 2015 rating decision. 
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. § 7105. An appeal may be withdrawn as to any or all issues involved in the appeal at any time before the Board promulgates a decision. 38 C.F.R. § 20.204. Withdrawal may be made by the Veteran or by his or her authorized representative. 38 C.F.R. § 20.204. 
In this case, after the issuance of a Statement of Case, VA received a statement from the Veteran’s representative on May 1, 2017. The statement revealed that the Veteran desired to withdraw the issue on appeal because he was recently granted total disability individual unemployability (TDIU). The Board finds that the authorized representative’s statement indicates the Veteran’s intention to withdraw the issue on appeal and satisfies the requirement for withdrawal of a substantive appeal. Hence, there remain no allegations of errors of fact or law for appellate consideration. Accordingly, the Board does not have jurisdiction to review the appeal of the Veteran’s claim and it is dismissed.
 
MATTHEW W. BLACKWELDER
Veterans Law Judge
Board of Veterans’ Appeals
ATTORNEY FOR THE BOARD	M. Franklin, Associate Counsel