Citation Nr: 20041237
Decision Date: 06/17/20	Archive Date: 06/17/20

DOCKET NO. 18-27 504
DATE: June 17, 2020

ORDER

The appeal as to the claim of entitlement to an initial compensable rating for left ear hearing loss prior to January 7, 2020, as well as a rating in excess of 20 percent for bilateral hearing loss on or after January 7, 2020, is dismissed.

FINDING OF FACT

In May 2020, prior to the promulgation of a decision in the appeal, the Veteran submitted correspondence expressing his intent to withdraw his appeal with respect to the claim listed above.

CONCLUSION OF LAW

The criteria for withdrawal of an appeal by the Veteran regarding the issue of entitlement to an initial compensable rating for left ear hearing loss prior to January 7, 2020, as well as a rating in excess of 20 percent for bilateral hearing on or after January 7, 2020 have been met. 38 U.S.C. § 7105; 38 C.F.R. § 20.204.

REASONS AND BASES FOR FINDING AND CONCLUSION

The Veteran served on active duty from July 1974 to July 1994.

This matter comes on appeal before the Board of Veterans’ Appeals (Board) from a January 2018 rating decision of a Department of Veterans Affairs (VA) Regional Office (RO) that, in pertinent part, granted service connection for left ear hearing loss, and assigned an initial noncompensable rating, and denied service connection for right ear hearing loss.  The Veteran appeal for an initial compensable rating for left ear hearing loss.

The Board remanded the claim for a higher initial rating for left ear hearing loss for further evidentiary development in June 2019.

In an April 2020 rating decision, the RO granted service connection for right ear hearing loss, recharacterized the left ear hearing loss disability as bilateral hearing loss, and assigned a 20 percent rating for bilateral hearing loss, effective January 7, 2020.  An April 2020 supplemental statement of the case was issued that continued the initial noncompensable rating for left ear hearing loss for the period prior to January 7, 2020, and found that there was no objective evidence to substantiate a higher 20 percent rating for bilateral hearing loss on or after January 7, 2020.  

Entitlement to an increased initial rating for bilateral hearing loss

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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 An appeal may be withdrawn as to any or all issues involved in the appeal at any time before the Board promulgates a decision. 38 C.F.R. § 20.204. Withdrawal may be made by the Veteran or by his or her authorized representative. Id. 

In the present case, the Veteran clearly expressed his intent to withdraw his appeal for entitlement to an increased initial rating for bilateral hearing loss in a May 2020 communication to the Board. In that statement, he indicated he was satisfied and wished to withdraw all issues addressed in an April 2020 Supplemental Statement of the Case (SSOC). Consequently, the Board finds that the Veteran has withdrawn his appeal as to this issue. Hence, there remain no new allegations of errors of fact or law for appellate consideration concerning that appeal, and the claim is dismissed.

 

 

LESLEY A. REIN

Veterans Law Judge

Board of Veterans’ Appeals

Attorney for the Board	C. Ryan, 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.