Citation Nr: 20003083
Decision Date: 01/14/20	Archive Date: 01/14/20

DOCKET NO. 16-62 272
DATE: January 14, 2020

ORDER

1. Entitlement to an effective date prior to June 9, 2015, for the grant of service connection for bilateral hearing loss is dismissed.

2. Entitlement to an effective date prior to June 9, 2015, for the grant of service connection for tinnitus is dismissed.

FINDING OF FACT

On July 16, 2019, following certification of the appeal to the Board of Veterans’ Appeals (Board) and prior to the promulgation of a decision in the appeal, VA received written notification from the Veteran that he requested to withdraw the current issues on appeal.

CONCLUSION OF LAW

The criteria for withdrawal of the substantive appeal on the issues of entitlement to an effective date prior to June 9, 2015, for the grant of service connection for bilateral hearing loss and tinnitus 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 from May 1963 to May 1967. 

The Veteran initially requested a Board hearing via videoconference in the December 2016 Substantive Appeal to the Board (VA Form 9). The Veteran withdrew the present appeal in writing prior to the hearing being conducted; thus, the hearing request is considered withdrawn. See 38 C.F.R. § 20.702(e).

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 An appeal may be withdrawn as to any or all issues involved in the appeal at any time before the Board promulgates a decision. 38 C.F.R. § 20.204(a). Withdrawal may be made by the claimant or by his or her authorized representative. Id. On July 16, 2019, following certification of the appeal to the Board and prior to the promulgation of a decision in the appeal, VA received written notification from the Veteran that he requested to withdraw all pending appeals because he was satisfied with his current rating. In a statement dated one day later, the Veteran’s representative also requested that the Veteran’s appeal be withdrawn in its entirety. The record reflects that the only matters on appeal are the claims for entitlement to an effective date prior to June 9, 2015, for the grant of service connection for bilateral hearing loss and tinnitus. Accordingly, there are no allegations of errors of fact or law for appellate consideration. 38 C.F.R. § 20.202. The Board does not have jurisdiction to review these claims, and the appeal is therefore dismissed.

 

 

A. P. SIMPSON

Veterans Law Judge

Board of Veterans’ Appeals

Attorney for the Board	A. Hodzic, Counsel

The Board’s decision in this case is binding only with respect to the instant matter decided. This decision is not precedential and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.