Citation Nr: 20043793
Decision Date: 06/29/20	Archive Date: 06/29/20

DOCKET NO. 15-40 611
DATE: June 29, 2020

ORDER

Entitlement to an evaluation in excess of 20 percent for bilateral hearing loss has been withdrawn.

FINDING OF FACT

In June 2020, prior to the promulgation of a decision in the appeal, the Veteran submitted a written statement, the content of which indicates that the grant of entitlement to a 20 percent evaluation for bilateral hearing loss fully satisfied the appeal as to the issue of entitlement to an increased rating for bilateral hearing loss.  There is no longer a case or controversy with respect to the remaining issue on appeal.

CONCLUSION OF LAW

The criteria for withdrawal of entitlement to an evaluation in excess of 20 percent for bilateral hearing loss by the Veteran have been met.  38 U.S.C. § 7105 (2012); 38 C.F.R. § 20.205 (2019).

REASONS AND BASES FOR FINDING AND CONCLUSION

The Veteran served on active duty from May 1966 to May 1968.  This matter comes before the Board of Veterans’ Appeals (Board) from an August 2015 rating decision. 

In December 2018, the Veteran testified at a hearing at the Agency of Original Jurisdiction (AOJ) before the undersigned Veterans Law Judge.  A transcript of that hearing had been associated with the electronic claims file.  

In March 2019, the Board remanded this matter for additional development.

The claim of entitlement to service connection for tinnitus is referred to the AOJ for any appropriate action to afford the Veteran and his representative instructions and an opportunity to file a formal claim on the required standardized form.

1. Entitlement to an evaluation in excess of 20 percent for bilateral hearing loss

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  An appeal may be withdrawn as to any or all issues involved in the appeal at any time before the Board promulgates a decision.  Withdrawal may be made by the appellant or by his or her authorized representative.  38 C.F.R. § 20.205. 

In March 2019, the Board remanded the appeal as to the issue of entitlement to an evaluation in excess of 10 percent for bilateral hearing loss for further development.  In an April 2020 rating decision, the AOJ granted entitlement to a 20 percent evaluation for bilateral hearing loss, effective December 30, 2012.

In June 2020, prior to the promulgation of a decision in the appeal, the Veteran submitted a written statement, the content of which indicates that the grant of entitlement to a 20 percent evaluation for bilateral hearing loss fully satisfied the appeal as to the issue of entitlement to an increased rating for bilateral hearing loss.  There is no longer a case or controversy with respect to the remaining issue on appeal.  Given that there remain no allegations of errors of fact or law for appellate consideration, the Board does not have jurisdiction to review the appeal, and it is dismissed. 

 

MICHAEL MARTIN

Veterans Law Judge

Board of Veterans’ Appeals

Attorney for the Board	J. D. Deane, 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.