Citation Nr: 20034512
Decision Date: 05/18/20	Archive Date: 05/18/20

DOCKET NO. 18-15 824
DATE: May 18, 2020

ORDER

Entitlement to a compensable initial disability rating for bilateral hearing loss is dismissed as withdrawn.

Entitlement to service connection for a skin condition of the bilateral lower extremities is dismissed as withdrawn.

FINDING OF FACT

In March 2020, prior to the promulgation of a decision in the appeal, the Board received written notification from the Veteran that a withdrawal of his appeal for entitlement to a compensable initial disability rating for bilateral hearing loss, and entitlement to service connection for a skin condition of the bilateral lower extremities, was requested.

CONCLUSION OF LAW

1. The criteria for dismissal of the appeal of entitlement to a compensable initial disability rating for bilateral hearing loss, as withdrawn, have been met.  38 U.S.C. § 7105; 38 C.F.R. § 20.205.

2. The criteria for dismissal of the appeal of entitlement to service connection for a skin condition of the bilateral lower extremities, as withdrawn, have been met.  38 U.S.C. § 7105; 38 C.F.R. § 20.205.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 January 1969 to May 1969.  

These matters are before the Board of Veterans’ Appeals (Board) on appeal of a July 2017 rating decision issued by a Department of Veterans Affairs (VA) Regional Office (RO).

Issues Withdrawn

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  An appeal may be withdrawn as to any or all issues involved in the appeal at any time before the Board promulgates a decision.  38 C.F.R. § 20.205.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.  38 C.F.R. § 20.205.  

The Veteran properly appealed a July 2017 rating decision denial of the issues of entitlement to a compensable initial disability rating for bilateral hearing loss, and entitlement to service connection for a skin condition of the bilateral lower extremities.  An appeal of those issues was certified to the Board in April 2018.  In March 2020, prior to the promulgation of a decision by the Board as to those issues, the Veteran submitted in writing a request to withdraw his appeal of the issues of entitlement to a compensable initial disability rating for bilateral hearing loss, and entitlement to service connection for a skin condition of the bilateral lower extremities, from Board review.  Therefore, there remains no allegation of error of fact or law for appellate consideration as these issues. 

 

Accordingly, the Board does not have jurisdiction to review the appeal with respect to these issues and they are dismissed without prejudice.  

 

U. R. POWELL

Veterans Law Judge

Board of Veterans’ Appeals

Attorney for the Board	C. P. Moore, Associate 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.