Citation Nr: 20031902
Decision Date: 05/06/20	Archive Date: 05/06/20

DOCKET NO. 20-16 196
DATE: May 6, 2020

ORDER

The appeal with respect to the Veteran’s application to reopen a previously denied claim of entitlement to service connection for ruptured eardrums is dismissed.

FINDING OF FACT

In a written statement received in April 2020, prior to the promulgation of a Board decision, the Veteran, through his authorized representative, asked that the present appeal be withdrawn.

CONCLUSION OF LAW

The criteria for withdrawal of an appeal by the Veteran or his authorized representative have been met.  38 U.S.C. § 7105 (2012); 38 C.F.R. § 20.204 (2018).

REASONS AND BASES FOR FINDING AND CONCLUSION

The Veteran served on active duty in the United States Air Force from February 1973 to February 1977.  His decorations include the Air Force Commendation Medal and the Air Force Good Conduct Medal.

This matter comes to the Board of Veterans’ Appeals (Board) on appeal from a November 2018 rating decision issued by a Department of Veterans Affairs (VA) Regional Office.

Reopening service connection for ruptured eardrums

Under 38 U.S.C. § 7105, the Board may dismiss any appeal which fails to allege specific error of fact or law in the determination being appealed.  An appeal may be withdrawn by the Veteran or his representative on the record at a hearing, or in writing at any time before the Board promulgates a decision.  38 C.F.R. § 20.204 (2018).

In April 2020, prior to the promulgation of a Board decision, the Veteran’s representative submitted correspondence wherein he indicated that the Veteran wished to withdraw the present appeal.  Therefore, there remain no allegations of errors of fact or law for appellate consideration.  Accordingly, as the Board does not have jurisdiction to review the appeal, the appeal must be dismissed.

 

 

DAVID A. BRENNINGMEYER

Veterans Law Judge

Board of Veterans’ Appeals

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 This decision is not precedential and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.