Citation Nr: 20006427
Decision Date: 01/28/20	Archive Date: 01/27/20

DOCKET NO. 15-16 954
DATE: January 28, 2020

ORDER

The appeal of entitlement to a compensable rating for chronic nonsuppurative otitis media is dismissed.

The appeal of entitlement to a rating in excess of 10 percent for residuals of a  bilateral inguinal hernia repair is dismissed.

FINDING OF FACT

On October 28, 2019, prior to the promulgation of a decision in the appeal, the Board received written notification from the appellant that a withdrawal of his pending appeals for increased evaluations for chronic nonsuppurative otitis media and residuals of a bilateral inguinal hernia repair was requested.

CONCLUSIONS OF LAW

1. The criteria for withdrawal of an appeal regarding entitlement to a compensable rating for chronic nonsuppurative otitis media by the appellant have been met.  38 U.S.C. § 7105; 38 C.F.R. § 20.204.

2. The criteria for withdrawal of an appeal regarding entitlement to a rating in excess of 10 percent for residuals of a bilateral inguinal hernia repair by the appellant have been met.  38 U.S.C. § 7105; 38 C.F.R. § 20.204.

REASONS AND BASES FOR FINDING AND CONCLUSIONS

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  An appeal may be withdrawn as to any or all issues involved in the appeal at any time before the Board promulgates a decision.  38 C.F.R. § 20.204.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.  38 C.F.R. § 20.204.  In the present case, in  October 2019 the appellant withdrew his appeals.  Hence, 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 it is dismissed.

 

 

DEREK R. BROWN

Veterans Law Judge

Board of Veterans’ Appeals

Attorney for the Board	Allen M. Kerpan

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 This decision is not precedential, and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.