Citation Nr: 20007041
Decision Date: 01/28/20	Archive Date: 01/28/20

DOCKET NO. 16-12 479
DATE: January 28, 2020

ORDER

The appeal is dismissed.

FINDING OF FACT

In May 2018, prior to the promulgation of a decision in the appeal, the Veteran, through his representative, withdrew his appeal, which was again confirmed by his representative in December 2019.

CONCLUSION OF LAW

The criteria for withdrawal of an appeal by the Veteran, through his representative, have been met.  38 U.S.C. § 7105; 38 C.F.R. § 20.205.

REASONS AND BASES FOR FINDING AND CONCLUSION

The Veteran served on active duty from July 1980 to July 1983. This matter comes before the Board of Veterans’ Appeals (Board) on appeal from a rating decision issued in April 2013 by a Department of Veterans Affairs (VA) Regional Office. 

Whether new and material evidence has been received in order to reopen a claim of entitlement to service connection for bilateral hearing loss.

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  An appeal may be withdrawn as to any or all issues involved in the appeal at any time before the Board promulgates a decision.  38 C.F.R. § 20.205.  Withdrawal may be made by the appellant or by his or her authorized representative.  Id.  In the present case, the Veteran, through his representative, withdrew his appeal as to the instant matter in May 2018, which was again confirmed by his representative in December 2019.  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.

 

 

A. JAEGER

Veterans Law Judge

Board of Veterans’ Appeals

Attorney for the Board	N. Northcutt, 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 This decision is not precedential and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.