Citation Nr: 18157396
Decision Date: 12/12/18	Archive Date: 12/12/18

DOCKET NO. 14-16 598
DATE:	December 12, 2018
ORDER
The appeal as to the initial rating assigned for bilateral hearing loss is dismissed.
FINDING OF FACT
In November 2018, prior to the issuance of a final decision, the Board received a statement from the Veteran’s representative in which it was indicated that the Veteran desired to withdraw his appeal of the issue of entitlement to an increased initial rating for his bilateral hearing loss.
CONCLUSION OF LAW
The criteria for withdrawal of a substantive appeal concerning the issue of entitlement to an increased initial rating for bilateral hearing loss are 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 in the United States Marine Corps from October 1961 to February 1966.  This matter comes before the Board of Veterans’ Appeals (Board) on appeal from a February 2012 rating decision by a Department of Veterans Affairs (VA) Regional Office (RO).  In September 2018 and October 2018 statements, the Veteran withdrew his Board hearing request.  
The Veteran was seeking an initial compensable rating for his bilateral hearing loss.  In July 2018, the RO issued a rating decision awarding the Veteran a compensable rating for his bilateral hearing loss effective May 2018.  In September 2018, the Veteran filed a written statement indicating that he was satisfied with his rating for bilateral hearing loss, and requesting that his Board hearing be cancelled.  See September 2018 VA Form 21-4138.  In November 2018, the Veteran’s representative submitted a statement reiterating that the Veteran was satisfied with his increased rating, and confirming that the Veteran desired to withdraw his appeal.  See November 2018 Informal Hearing Presentation; 38 C.F.R. § 20.204.  
Thus, as there is no allegation of error of fact or law for Board consideration on this issue, the Board does not have jurisdiction to consider the appeal, and it must be dismissed.  38 U.S.C. § 7105.
 
S. BUSH
Veterans Law Judge
Board of Veterans’ Appeals
ATTORNEY FOR THE BOARD	D.M. Badaczewski, Associate Counsel