Citation Nr: 18147680
Decision Date: 11/06/18	Archive Date: 11/05/18

DOCKET NO. 16-32 996
DATE:	November 6, 2018
ORDER
Entitlement to service connection for hearing loss is dismissed.
Entitlement to service connection for tinnitus is dismissed.
FINDING OF FACT
In June 2018, prior to the promulgation of a decision in the appeal, the Board received notification from the Veteran’s representative that a withdrawal of the issues on appeal is requested.
CONCLUSIONS OF LAW
1.  The criteria for withdrawal of the appeal of entitlement to service connection for hearing loss are met.  38 U.S.C. § 7105(b)(2), (d)(5) (2012); 38 C.F.R. § 20.204 (2017).
2.  The criteria for withdrawal of the appeal of entitlement to service connection for tinnitus are met.  38 U.S.C. § 7105(b)(2), (d)(5) (2012); 38 C.F.R. § 20.204 (2017).
REASONS AND BASES FOR FINDINGS AND CONCLUSIONS
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  An appeal may be withdrawn as to any or all issues involved in the appeal at any time before the Board promulgates a decision.  38 C.F.R. § 20.204.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(a).  The withdrawal must be in writing except when the appeal is withdrawn on the record at a hearing. 38 C.F.R. § 20.204(b).
In June 2018, the Veteran’s representative submitted a written statement indicating the Veteran’s desire to withdraw his requested hearing and also indicating that the Veteran no longer wishes to pursue his appeal.  The representative indicated the wait for the hearing was too long and that continuing the appeal would only put the veteran under more duress.  The Board finds the Veteran’s representative has withdrawn the pending claims.  Accordingly, the Board does not have jurisdiction to review whether service connection is warranted for bilateral hearing loss and tinnitus as the issues are withdrawn and no longer on appeal.

 
MICHAEL E. KILCOYNE
Veterans Law Judge
Board of Veterans’ Appeals
ATTORNEY FOR THE BOARD	A. Adamson, Counsel