Citation Nr: 18152842
Decision Date: 11/27/18	Archive Date: 11/26/18

DOCKET NO. 15-10 481
DATE:	November 27, 2018
ORDER
The appeal for entitlement to restoration of a 50 percent rating for bilateral hearing loss is dismissed. 
FINDING OF FACT
In June 2018, prior to the promulgation of a decision in the appeal, the Veteran’s representative submitted a statement that indicated that the Veteran wished to withdraw his appeal. The Veteran also submitted a June 2018 statement stating an intent to withdraw his appeal.
CONCLUSION OF LAW
The criteria for withdrawal of the Veteran’s appeal 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 had active service in the Marine Corps from May 1969 to December 1970. 
The Veteran’s March 2015 VA Form 9 substantive appeal requested a Board videoconference hearing; however, in May 2018 the Veteran submitted a written statement indicating his desire to withdraw his request for a videoconference hearing, and did not later request a new hearing. Therefore, his hearing request is deemed withdrawn. See 38 C.F.R. § 20.704(e).
In June 2018, around the same time that the Veteran withdrew his appeal concerning the service-connected bilateral hearing loss, he wrote he wanted to “begin another claim for hearing loss,” which the regional office (RO) construed as a claim for increase.  A rating decision was issued in July 2018, wherein the RO granted a 90 percent rating for bilateral hearing loss. This issue is not currently before the Board, as there has been no notice of disagreement, statement of the case, or substantive appeal. If the Veteran disagrees with this rating decision, he may file a notice of disagreement within one year of the date of the notification letter received with the rating decision. 
The Board acknowledges the October 2018 informal hearing presentation submitted by the Veteran’s representative in connection with the appeal. However, for the reasons explained below, the Board does not have jurisdiction to review the current appeal. 
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 An appeal may be withdrawn as to any or all issues involved in the appeal at any time before the Board promulgates a decision. 38 C.F.R. § 20.204.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 appellant or by his or her authorized representative. Id.
In June 2018, prior to the promulgation of a decision in the appeal, the Veteran’s local representative sent an e-mail to a Decision Review Officer (DRO) informing the DRO that the Veteran wished to withdraw his appeal for hearing loss and that his withdrawal was in the mail. Two days later, VA received a statement from the Veteran, wherein he wrote, “I request to withdraw my pending appeal for bilateral hearing loss.” Thus, the Veteran’s clear intent was to withdraw his pending appeal pertaining to restoration of a 50 percent rating for hearing loss, and file a new claim for an increased rating for bilateral hearing loss. As such, there remain no allegations of errors of fact or law for appellate consideration. Accordingly, the Board does not have jurisdiction to review the appeal, and it is dismissed.
 
A. P. SIMPSON
Veterans Law Judge
Board of Veterans’ Appeals
ATTORNEY FOR THE BOARD	A. Caruso, Associate Counsel