Citation Nr: 21000024
Decision Date: 01/04/21	Archive Date: 01/04/21

DOCKET NO. 20-29 715
DATE: January 4, 2021

ORDER

Entitlement to an earlier effective date for the grant of service connection for post-traumatic stress disorder (PTSD) is dismissed.

Entitlement to an earlier effective date for the grant of service connection for tinnitus is dismissed.

Entitlement to an earlier effective date for the grant of service connection for a bilateral hearing loss disability is dismissed.

FINDING OF FACT

In an October 2020 statement, the Veteran stated that he wished to withdraw the issues of entitlement to an earlier effective date for the grants of service connection for PTSD, tinnitus, and a bilateral hearing loss disability, and does not want to continue his appeal to the Board of Veterans’ Appeals.

CONCLUSIONS OF LAW

1. The criteria for withdrawal of the appeal of the issue of entitlement to an earlier effective date for the grant of service connection for PTSD have been met. 38 U.S.C. § 7105 (2012); 38 C.F.R. § 19.55 (2019).

2. The criteria for withdrawal of the appeal of the issue of entitlement to an earlier effective date for the grant of service connection for tinnitus have been met. 38 U.S.C. § 7105 (2012); 38 C.F.R. § 19.55 (2019).

3. The criteria for withdrawal of the appeal of the issue of entitlement to an earlier effective date for the grant of service connection for a bilateral hearing loss disability have been met. 38 U.S.C. § 7105 (2012); 38 C.F.R. § 19.55 (2019).

REASONS AND BASES FOR FINDING AND CONCLUSIONS

The Veteran served on active duty from April 1970 to December 1971 and February 1974 to November 1979.

This matter comes before the Board of Veterans’ Appeals (Board) on appeal from a November 2016 rating decision by the Department of Veterans Affairs (VA). 

(Continued on the next page)

 

An appeal may be withdrawn by an appellant or his or her authorized representative as to any or all issues involved in the appeal at any time before the Board promulgates a decision. 38 C.F.R. § 19.55. In an October 2020 letter, the Veteran stated that he “agree[s] to withdraw the issues of entitlement to an earlier effective date for PTSD, tinnitus, and bilateral hearing loss, which are pending in the July 27, 2020 VA 9 appeal. [The Veteran] understand[s] this will end the appeal of [these issues] before the VA.” The Veteran’s withdrawal request was forwarded to the Board by the Veteran’s attorney who also requested withdrawal of the issue. Accordingly, the Board does not have jurisdiction to review the issues, and the appeal is dismissed. 38 C.F.R. § 19.55.

 

 

Tiffany Dawson

Veterans Law Judge

Board of Veterans’ Appeals

Attorney for the Board	I. Kerner, 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.