Citation Nr: 18148038
Decision Date: 11/06/18	Archive Date: 11/06/18

DOCKET NO. 10-13 347
DATE:	November 6, 2018
ORDER
The appeal is dismissed.
FINDINGS OF FACT
1.  In a September 2018 rating decision, the agency of original jurisdiction (AOJ) continued the 30 percent evaluation for bilateral hearing loss prior to March 10, 2016, but granted higher evaluations thereafter (40 percent from March 10, 2016, to September 19, 2016; 50 percent from September 20, 2016, to November 12, 2017; and 80 percent on or after November 13, 2017).  The AOJ also denied evaluations in excess of those assigned in a corresponding supplemental statement of the case (SSOC).
2.  In October 2018, prior to the promulgation of a decision in the appeal, the Veteran submitted a written statement indicating that he was satisfied with his increased compensation and wanted to withdraw all remaining issues on the recent SSOC.  There is no longer a case or controversy with respect to the remaining issue on appeal.
CONCLUSION OF LAW
The appeal for the issue of entitlement to an increased evaluation for bilateral hearing loss (now assigned the staged evaluations above) is dismissed.  38 U.S.C. § 7105 (2012); 38 C.F.R. § 20.204 (2017).
REASONS AND BASES FOR FINDINGS AND CONCLUSION
The Veteran served on active duty from May 1953 to April 1956.
This case originally came before the Board of Veterans’ Appeals (Board) on appeal from a January 2011 rating decision of the Department of Veterans Affairs (VA).
The Board remanded the case in June 2016 and December 2016 to schedule the Veteran for a hearing.  The requested hearing was held before the undersigned Veterans Law Judge in April 2017.  A transcript of the hearing is of record.  In a September 2017 decision, the Board denied other issues that had been on appeal and remanded the bilateral hearing loss claim for further development.  The case has since been returned to the Board for appellate review.
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  An appeal may be withdrawn as to any or all issues involved in the appeal at any time before the Board promulgates a decision.  Withdrawal may be made by the appellant or by his or her authorized representative.  38 C.F.R. § 20.204.
In a September 2018 rating decision, the AOJ continued the 30 percent evaluation for bilateral hearing loss prior to March 10, 2016, but granted higher evaluations thereafter (40 percent from March 10, 2016, to September 19, 2016; 50 percent from September 20, 2016, to November 12, 2017; and 80 percent on or after November 13, 2017).  The AOJ also denied evaluations in excess of those assigned in a corresponding SSOC.
In October 2018, the Veteran submitted a written statement indicating that he was satisfied with his increased compensation and wanted to withdraw all remaining issues on the recent SSOC.  Given that there remain no allegations of errors of fact or law for appellate consideration, the Board does not have jurisdiction to review the appeal, and it is dismissed.
The Board acknowledges the additional argument provided by the Veteran’s representative in the November 2018 written appellate brief; however, the Veteran’s requested withdrawal based on his satisfaction with the evaluations now assigned became effective at the time of his October 2018 submission, and the brief was filed well beyond one year after notice of the January 2011 rating decision.  See 38 C.F.R. § 20.204(c) (provisions for reinstating appeal).
 
J.W. ZISSIMOS
Veterans Law Judge
Board of Veterans’ Appeals
ATTORNEY FOR THE BOARD	M. Postek, Counsel