Citation Nr: 20008399
Decision Date: 01/31/20	Archive Date: 01/31/20

DOCKET NO. 17-04 744A
DATE: January 31, 2020

ORDER

Entitlement to a higher initial rating for tinnitus is dismissed.

REMANDED

Entitlement to an initial compensable rating for bilateral hearing loss is remanded.

FINDING OF FACT

The Veteran served on active duty from October 1966 to October 1968.

On October 18, 2019, prior to the promulgation of a decision in the appeal, the Board was notified by the Veteran that a withdrawal of the appeal for a higher initial rating for tinnitus was requested.

CONCLUSION OF LAW

The criteria for withdrawal of the appeal for a higher initial rating for tinnitus by the appellant have been met.  38 U.S.C. § 7105; 38 C.F.R. § 20.205.

REASONS AND BASES FODRAWR FINDING AND CONCLUSION

Entitlement to a higher initial rating for tinnitus

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 (2012). An appeal may be withdrawn as to any or all issues involved in the appeal at any time before the Board promulgates a decision. 38 C.F.R. § 20.204 (2018). Withdrawal may be made by the appellant or by his or her authorized representative. 38 C.F.R. § 20.204. On October 18, 2019, the Veteran withdrew the appeal for a higher initial rating for tinnitus and, 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 as to this issue, and it is dismissed. 

REASONS FOR REMAND

Entitlement to an initial compensable rating for bilateral hearing loss is remanded.

During October 2019 Board hearing testimony, the Veteran described current difficulties with hearing in his work environment, described having issues with his hearing aids, and requested an updated VA examination. In order to afford the Veteran every benefit of the doubt, the Board is remanding the appeal for an updated VA examination.

The matters are REMANDED for the following action:

(Continued on the next page)

 

Schedule the Veteran for an examination by an appropriate clinician to determine the current severity of his service-connected bilateral hearing loss. The examiner should provide a full description of the disability and report all signs and symptoms necessary for evaluating the Veteran’s disability under the rating criteria.

 

K. Parakkal

Veterans Law Judge

Board of Veterans’ Appeals

Attorney for the Board	Christine C. Kung

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.