Citation Nr: 20007850
Decision Date: 01/30/20	Archive Date: 01/30/20

DOCKET NO. 17-20 198
DATE: January 30, 2020

ORDER

The issue of entitlement to an increased rating for service-connected bilateral hearing loss is dismissed. 

FINDING OF FACT

In a December 2019 statement that contains the Veteran’s name and claim number, he clearly expressed his wish to withdraw his claim for an increased rating for service-connected bilateral hearing loss.

CONCLUSION OF LAW

The criteria for withdrawal of an appeal have been met with respect to the claim for an increased rating for service-connected bilateral hearing loss.  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 February 1958 through January 1960, and from October 1961 through August 1962.

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This matter comes before the Board of Veterans’ Appeals (Board) on appeal from a June 2014 rating decision of the Department of Veterans Affairs (VA) Regional Office (RO) in Boston, Massachusetts. This case was previously remanded by the Board in May 2018 for further development. That development having been completed, the matter has now returned to the Board. 

Appeal withdrawals must be in writing, must include the name of the claimant, the applicable claim number, and a statement that the appeal is being withdrawn, and must be received by the Board prior to issuance of a decision on the claim or claims being withdrawn. 38 C.F.R. § 20.204(b).

A December 2019 written statement which contains the Veteran's name and claim number, states that he received a VA letter in October 2019 notifying him that his appeal has returned to the Board’s docket.  See December 2019 Statement in Support of Claim. He goes on to say that he received a decision letter in September 2019 notifying him that his claim for an increased rating for his service-connected bilateral hearing loss was increased to 10 percent. See id. The Veteran states that he wishes for “the decision letter increase to 10% hearing loss to remain and that the appeal be terminated.” See id.  The Board finds that this statement clearly expresses his wish to withdraw his appeal of the issue currently on appeal before the Board, as listed above. The Veteran's withdrawal was received prior to a decision by the Board on this issue. Accordingly, the criteria for withdrawal of an appeal are satisfied. See 38 C.F.R. § 20.204(b).

When a pending appeal is withdrawn, there is no longer an allegation of error of fact or law with respect to the determination that was appealed. Thus, dismissal of the appeal is appropriate. See 38 U.S.C. § 7105(d). Accordingly, the claim for an increased rating for service-connected bilateral hearing loss is dismissed.

 

 

P.M. DILORENZO

Veterans Law Judge

Board of Veterans’ Appeals

Attorney for the Board	T. Mohammad

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.