Citation Nr: 20004445
Decision Date: 01/21/20	Archive Date: 01/21/20

DOCKET NO. 17-09 613
DATE: January 21, 2020

ORDER

As the claim has been withdrawn by the appellant, the claim of entitlement to service connection for bilateral hearing loss disability is dismissed.

FINDING OF FACT

In an October 2019 written statement, prior to the promulgation of a decision in the appeal, the appellant requested a withdrawal of the issue of entitlement to service connection for bilateral hearing loss disability.

CONCLUSION OF LAW

The criteria for dismissal of an appeal on the issue of entitlement to service connection for bilateral hearing loss disability have been 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 from October 1962 to August 1965.  He died in February 2018.  The appellant is his surviving spouse.

This matter comes before the Board of Veterans’ Appeals (Board) on appeal from a July 2013 rating decision of a Department of Veterans Affairs (VA) Regional Office (RO).

In March 2018, VA received the appellant’s application for Dependents and Indemnity Compensation (DIC)—which includes a request to substitute for the deceased claimant in a claim pending when the claimant died.  See 38 C.F.R. § 3.1010(c)(2).  The appellant was notified of VA’s decision to grant her substitution request in April 2018.

Although the Veteran requested a hearing with the Board prior to his death, the appellant has since withdrawn in writing that request.  See Statement in Support of Claim (October 2019).  The hearing request has been withdrawn.  38 C.F.R. § 20.704(e).

Entitlement to service connection for bilateral hearing loss disability.

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  An appeal may be withdrawn as to any or all issues involved in the appeal at any time before the Board promulgates a decision.  38 C.F.R. § 20.204.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 appellant or by his or her authorized representative.  38 C.F.R. § 20.204.

In an October 2019 written statement, the appellant requested a withdrawal of her appeal as to the claim of entitlement to service connection for bilateral hearing loss.  See Statement in Support of Claim (October 2019).  That written notice contained the appellant’s name, Veteran’s name, and claim number, and it was signed by the appellant.

Hence, there remain no allegations of errors of fact or law for appellate consideration regarding the issue of service connection for bilateral hearing loss.

Accordingly, the Board does not have jurisdiction to review the appeal and it is dismissed.

 

 

C.A. SKOW

Veterans Law Judge

Board of Veterans’ Appeals

Attorney for the Board	Thaddaeus J. Cox, Associate 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.