Citation Nr: 18148474
Decision Date: 11/07/18	Archive Date: 11/07/18

DOCKET NO. 15-45 346
DATE:	November 7, 2018
ORDER
The appeal is dismissed.
 
FINDING OF FACT
In October 2018, prior to the promulgation of a Board decision, the Veteran withdrew the appeal as to the issue of entitlement to an initial disability rating in excess of zero percent for service-connected hearing loss.   
CONCLUSION OF LAW
The criteria for withdrawal of the appeal as to the issue of entitlement to an initial disability rating in excess of zero percent for service-connected hearing loss have been met.  38 U.S.C. § 7105; 38 C.F.R. § 20.204.
REASONS AND BASES FOR FINDING AND CONCLUSION
The Veteran served on active duty from June 1975 to June 1979.
The case is on appeal from a June 2015 rating decision.
In October 2018, the Veteran testified at a Board hearing.
An initial rating in excess of zero percent for service-connected hearing loss.
Under 38 U.S.C. § 7105, the Board may dismiss any appeal which fails to allege specific error of fact or law in the determination being appealed. An appeal may be withdrawn by the Veteran or representative on the record at a hearing, or in writing at any time before the Board promulgates a decision. 38 C.F.R. § 20.204.
At the October 2018 Board hearing, the Veteran and his representative confirmed that the Veteran wished to withdraw the appeal for a higher rating for service-connected hearing loss.  He wished to file a new claim for increase instead.
The Board finds that the Veteran’s withdrawal of the appeal of the issue of entitlement to an initial rating in excess of zero percent for service-connected hearing loss “explicit, unambiguous, and done with a full understanding of the consequences of such action on the part of the claimant.”  DeLisio v. Shinseki, 25 Vet. App. 45, 57 (2011); see also Acree v O’Rourke, 891 F.3d 1009 (Fed. Cir. 2018).
Therefore, there remain no allegations of errors of fact or law for appellate consideration with regard to this issue.  Accordingly, the Board does not have jurisdiction to review the appeal of this issue and it is dismissed.

 
RYAN T. KESSEL
Veterans Law Judge
Board of Veterans’ Appeals
ATTORNEY FOR THE BOARD	E. Gray