Citation Nr: 18146489
Decision Date: 10/31/18	Archive Date: 10/31/18

DOCKET NO. 13-29 419
DATE:	October 31, 2018
ORDER
Entitlement to an increased rating for bilateral hearing loss, rated as 10 percent disabling prior to December 29, 2017 and as 40 percent disabling from December 29, 2017, is dismissed.
FINDING OF FACT
In an October 2018 written correspondence, the Veteran withdrew from appeal the issue of entitlement to an increased rating for bilateral hearing loss.
CONCLUSION OF LAW
The criteria for withdrawal by the Veteran of a Substantive Appeal pertinent to the issue of entitlement to an increased rating for bilateral hearing loss have been met. 38 U.S.C. § 7105(b)(2), (d)(5) (2012); 38 C.F.R. § 20.204 (2017).
REASONS AND BASES FOR FINDING AND CONCLUSION
The Veteran served on active duty from June 1968 to January 1970.
This matters initially came before the Board of Veterans’ Appeals (Board) on appeal from a February 2013 rating decision of the Department of Veterans Affairs (VA) Regional Office (RO) in Buffalo, New York.
In August 2017, the Board issued a decision granting service connection for left ear hearing loss.  The Board also remanded the matter of entitlement to an increased rating for right ear hearing loss to the Agency of Original Jurisdiction (AOJ) for additional development.
In a June 2018 rating decision, the AOJ issued a decision awarding a 10 percent rating for bilateral hearing loss (previously evaluated as right ear hearing loss) effective December 12, 2012, and a 40 percent from December 29, 2017.
Increased Rating for Bilateral Hearing Loss
The Board notes that 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. A Substantive Appeal may be withdrawn on the record at a hearing or in writing at any time before the Board promulgates a decision. 38 C.F.R. § 20.204. Withdrawal may be made by the appellant or by his or her authorized representative. Id.  
In an August 2018 correspondence, the Veteran indicated that he was satisfied with the June 2018 decision on his appeal, and in October 2018 he indicated that he elected to officially withdraw his appeal. 
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As the Veteran has withdrawn the matter as to the matter of entitlement to an increased rating for bilateral hearing loss, there remain no allegations of errors of fact or law for appellate consideration at this time.  Accordingly, the Board does not have jurisdiction to review this issue on appeal and it is dismissed.
 
A. S. CARACCIOLO
Veterans Law Judge
Board of Veterans’ Appeals
ATTORNEY FOR THE BOARD	Department of Veterans Affairs