Citation Nr: 18157841 Decision Date: 12/13/18 Archive Date: 12/13/18 DOCKET NO. 16-00 298 DATE: December 13, 2018 ORDER The appeal seeking entitlement to a compensable rating for bilateral hearing loss is dismissed. The appeal seeking entitlement to service connection for an anxiety disorder is dismissed. FINDING OF FACT On November 2, 2018, prior to the promulgation of a decision in the appeal, the Board received written notification from the Veteran through his then-attorney that he was withdrawing his claims of entitlement to a compensable rating for bilateral hearing loss and entitlement to service connection for an anxiety disorder; there are no questions of fact or law remaining before the Board in these matters. CONCLUSIONS OF LAW 1. Regarding the claim of entitlement to a compensable rating for bilateral hearing loss, the criteria for withdrawal of an appeal by the Veteran are met; the Board has no further jurisdiction in this matter. 38 U.S.C. § 7105(b)(2), (d)(5) (2012); 38 C.F.R. §§ 20.202, 20.204 (2018). 2. Regarding the claim of entitlement to service connection for an anxiety disorder, the criteria for withdrawal of an appeal by the Veteran are met; the Board has no further jurisdiction in this matter. 38 U.S.C. § 7105(b)(2), (d)(5) (2012); 38 C.F.R. §§ 20.202, 20.204 (2018). REASONS AND BASES FOR FINDING AND CONCLUSIONS The Veteran had active duty service from May 1985 through March 1988. This case comes before the Board of Veterans’ Appeals (Board) on appeal of an October 2013 and October 2014 rating decision of the Department of Veterans Affairs (VA) Regional Office (RO). Pursuant to a request in the Veteran’s December 2015 VA Form 9, substantive appeal, a hearing before the Board was scheduled for October 2018. In correspondence dated September 2018, the Veteran through his then-attorney requested to have his hearing before the Board canceled. Thus, the hearing request is deemed withdrawn. 38 C.F.R. § 20.704 (2018). Entitlement to a compensable rating for bilateral hearing loss and entitlement to service connection for an anxiety disorder. The Board has jurisdiction where there is a question of law or fact on appeal to the Secretary. 38 U.S.C. § 7104; 38 C.F.R. § 20.101. Under 38 U.S.C. § 7105, the Board may dismiss any appeal which fails to allege a specific error of fact or law in the determination being appealed. An appeal may be withdrawn as to any or all issues involved in the appeal at any time before the Board promulgates a decision. 38 C.F.R. § 20.204(a). Unless an appeal is withdrawn on the record at a hearing, a veteran or a representative of a veteran must file a written document withdrawing an appeal. 38 C.F.R. § 20.204(b)(1). A withdrawal becomes effective when it is received by the Board. 38 C.F.R. § 20.204(b)(3). Here, the Veteran through his then-attorney filed a written document withdrawing his videoconference hearing and all claims on appeal. The Veteran stated that he understood the withdrawal would end the appeal process for the current claims and that if he wanted to revisit the claims he would need to start the process anew. The Veteran’s withdrawal was received by VA on November 2, 2018. The document contains the Veteran’s name, claims file number, and a signed statement indicating that he wished to withdraw all issues on appeal. Thereafter, also in November 2018, the Veteran’s attorney requested to withdraw as his attorney representative. When pending appeals are withdrawn, there is no longer an allegation of error of fact or law with respect to the decision below. In such circumstances, dismissal of the appeal is appropriate. 38 U.S.C. § 7105(d)(5). Consequently, the Board finds that the Veteran’s appeals for entitlement to a compensable rating for bilateral hearing loss and entitlement to service connection for an anxiety disorder, were withdrawn and the withdrawal of the appeal was effective November 2, 2018 (the day the withdrawal was received by VA). Therefore, the Veteran’s claims on appeal are dismissed. A. ISHIZAWAR Veterans Law Judge Board of Veterans’ Appeals ATTORNEY FOR THE BOARD J. Alexander, Associate Counsel