Citation Nr: 18156171
Decision Date: 12/07/18	Archive Date: 12/07/18

DOCKET NO. 16-56 004
DATE:	December 7, 2018
ORDER
Entitlement to service connection for bilateral hearing loss is dismissed.
Entitlement to service connection for tinnitus is dismissed.
FINDING OF FACT
In September 2017, prior to the promulgation of a decision in the appeal, the Veteran withdrew from appeal the issues of entitlement to service connection for bilateral hearing loss and tinnitus.
CONCLUSION OF LAW
The criteria for withdrawal of an appeal by the Veteran are 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 served on active duty from November 1966 to May 1971. These matters come before the Board of Veterans’ Appeals (Board) from a September 2015 rating decision.
Withdrawal of 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 An appeal may be withdrawn as to any or all issues involved in the appeal at any time before the Board promulgates a decision. 38 C.F.R. § 20.204.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 Veteran or by his or her authorized representative in writing or on the record at a hearing on appeal. Id. 
In the present case, the Veteran submitted a signed statement in September 2017 (VA Form 21-4138) in which he indicated that he wished to withdraw his appeal with respect to the issues of entitlement to service connection for bilateral hearing loss and tinnitus. This statement constitutes a valid withdrawal of his appeal. See Delisio v. Shinseki, 25 Vet. App. 45, 57 (2011) (“withdrawal of a claim is only effective where the withdrawal is explicit, unambiguous, and done with a full understanding of the consequences of such action on the part of the claimant”). The United States Court of Appeals for the Federal Circuit has not addressed the criteria as to a written request to withdraw a claim. See Acree v. O’Rourke, 891 F.3d 1009, fn. 2 (Fed. Cir. 2018) (“Resolution of Acree’s appeal turns on the requirements necessary for an effective oral withdrawal of a claim at a board hearing. We express no view on the criteria that must be satisfied when a veteran submits a written request to withdraw a claim”). 

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As the Veteran has withdrawn the appeal as to these claims, there remain no allegations of errors of fact or law for appellate consideration. Accordingly, the Board does not have jurisdiction to review the claims on appeal, and the appeal is dismissed.
 
Jonathan Hager
Veterans Law Judge
Board of Veterans’ Appeals
ATTORNEY FOR THE BOARD	B. Elwood, Counsel