Citation Nr: 18159167
Decision Date: 12/19/18	Archive Date: 12/18/18

DOCKET NO. 15-10 564A
DATE:	December 19, 2018
ORDER
Entitlement to service connection for a right ear hearing loss disability is dismissed.
Entitlement to an initial compensable evaluation for a left ear hearing loss disability is dismissed.
FINDING OF FACT
The Veteran withdrew his appeal in August 2018 and November 2018 written statements; and, through his representative, in a December 2018 written statement.
CONCLUSIONS OF LAW
1. The criteria for withdrawal of a substantive appeal are met; the Board has no further jurisdiction to consider the claim of entitlement to service connection for a right ear hearing loss disability. 38 U.S.C. §§ 7104, 7105(b)(2), (d)(5) (2012); 38 C.F.R. §§ 20.202, 20.204 (2017).

2. The criteria for withdrawal of a substantive appeal are met; the Board has no further jurisdiction to consider the claim of entitlement to an initial compensable evaluation for a left ear hearing loss disability. 38 U.S.C. §§ 7104, 7105(b)(2), (d)(5) (2012); 38 C.F.R. §§ 20.202, 20.204 (2017).
REASONS AND BASES FOR FINDINGS AND CONCLUSIONS
The Veteran served on active duty from April 1956 to December 1956.
This matter comes before the Board of Veterans’ Appeals (Board) on appeal from February 2014 and June 2014 rating decisions by the Department of Veterans Affairs (VA). 
After the Veteran filed his substantive appeal (VA Form 9), service connection for major depressive disorder was granted in a July 2018 rating decision. Because that decision represents a full grant of the benefit sought, the issue is not before the Board. Grantham v. Brown, 114 F.3d 1156 (Fed. Cir. 1997).
Bilateral hearing loss disabilities
Pursuant to 38 C.F.R. § 20.204 (b), a withdrawal of an appeal must be in writing and must include the name of the claimant, the claim number, and a statement that the appeal is being withdrawn. The statement must be received by the Board prior to issuance of a decision regarding the claim or claims being withdrawn.
In August 2018 written statement, the Veteran requested that any pending claim be cancelled. In November 2018 written statements, the Veteran withdrew any open claims that are pending, to include his appeal for a hearing loss disability. In a December 2018 written statement, his representative withdrew all appeal issues before the Board. These statements comply with the requirements of Section 20.204(b).  As the Board had not yet issued a decision concerning this claim upon receipt of the statement, the criteria are met for withdrawal of the appeal.  See id.  

When a pending appeal is withdrawn, there is no longer an allegation of error of fact or law with respect to the determination that had been previously appealed. Consequently, dismissal of the pending appeal is the appropriate disposition. 
 
E. I. VELEZ
Veterans Law Judge
Board of Veterans’ Appeals
ATTORNEY FOR THE BOARD	A. Roe, Associate Counsel