Citation Nr: 20005396
Decision Date: 01/23/20	Archive Date: 01/22/20

DOCKET NO. 19-23 741
DATE: January 23, 2020

ORDER

1. The appeal for an increased rating in excess of 40 percent for service-connected bilateral hearing loss is dismissed. 

2. The appeal for an earlier effective date than January 10, 2017 for service connection for bilateral hearing loss is dismissed. 

3. The appeal for an increased rating in excess of 30 percent for service-connected coronary artery disease, status post coronary artery bypass graft (CABG), is dismissed. 

FINDINGS OF FACT

1. In November 2019, prior to the promulgation of a decision in the appeal, the Veteran submitted a written statement that he wished to withdraw the appeal for an increased rating for service-connected bilateral hearing loss.

2. In November 2019, prior to the promulgation of a decision in the appeal, the Veteran submitted a written statement that he wished to withdraw the appeal for an earlier effective date prior to January 10, 2017 for service connection for bilateral hearing loss.

3. In November 2019, prior to the promulgation of a decision in the appeal, the Veteran submitted a written statement that he wished to withdraw the appeal for an increased rating for service-connected coronary artery disease, status post CABG.

CONCLUSIONS OF LAW

1. The criteria for withdrawal of the appeal for an increased rating for service-connected bilateral hearing loss have been met. 38 U.S.C. § 7105(b)(2), (d)(5); 38 C.F.R. § 20.204.

2. The criteria for withdrawal of the appeal for an earlier effective date than January 10, 2017 for service connection for bilateral hearing loss have been met. 38 U.S.C. § 7105(b)(2), (d)(5); 38 C.F.R. § 20.204.

3. The criteria for withdrawal of the appeal for an increased rating for service-connected coronary artery disease, status post CABG, have been met. 38 U.S.C. § 7105(b)(2), (d)(5); 38 C.F.R. § 20.204.

REASONS AND BASES FOR FINDINGS AND CONCLUSIONS

The Veteran served on active duty from August 1963 to August 1967. Previously, the Veteran requested a Board of Veterans’ Appeals (Board) hearing in this case. However, in a November 2019 written statement submitted to VA, the Veteran indicated that he wished to withdraw both his hearing request and his current claims on appeal.

1. – 3. Withdrawal of Appeals for Increased Rating for Bilateral Hearing Loss, Earlier Effective Date for Service Connection for Bilateral Hearing Loss, and Increased Rating for Coronary Artery Disease 

The Board may dismiss any appeal that 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. Withdrawal may be made by the appellant or by his or her authorized representative. 38 C.F.R. § 20.204.

In November 2019, prior to the promulgation of a decision in the appeal, the Veteran’s submitted a written statement indicating that he was not interested in pursuing the claims currently on appeal. As such, there remain no allegations of errors of fact or law for appellate consideration. Accordingly, the Board does not have jurisdiction to review the appeal, and the appeal will be dismissed. 

 

 

J. PARKER

Veterans Law Judge

Board of Veterans’ Appeals

Department of Veterans Affairs	A. Caruso, Attorney for the Board

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.