Citation Nr: 21000508
Decision Date: 01/05/21	Archive Date: 01/05/21

DOCKET NO. 16-35 644
DATE: January 5, 2021

ORDER

The appeal of the issue of entitlement to service connection for loss of vision is dismissed. 

FINDING OF FACT

In correspondence received in October 2020, and prior to the promulgation of a decision in the appeal, the Board received notification from the appellant requesting withdrawal of this appeal.

CONCLUSION OF LAW

The criteria for withdrawal of an appeal have been met with respect to the issue of entitlement to service connection for vision loss.  38 U.S.C. § 7105; 38 C.F.R. § 19.55.

REASONS AND BASES FOR FINDING AND CONCLUSION

The Veteran served on active duty from August 1985 to October 1991 and from July 2003 to October 2003, with additional service in the Army Reserve.

This matter comes to the Board of Veterans’ Appeals (Board) from a December 2013 rating decision.

In November 2019, the Veteran testified before the undersigned Veterans Law Judge (VLJ) at a Board videoconference hearing.  A copy of the transcript is of record. 

In January 2020, the Board remanded the issues of entitlement to service connection for loss of vision, bilateral hearing loss, tinnitus, cervical and thoracolumbar spine disabilities, and headaches. 

In a September 2020 rating decision, the RO granted service connection for bilateral hearing loss, tinnitus, cervical and thoracolumbar spine disabilities, and headaches.  As the grant of service connection represents a maximum grant of the benefit sought on appeal for bilateral hearing loss, tinnitus, cervical and thoracolumbar spine disabilities, and headaches, these issues are no longer before the Board. 

Entitlement to service connection for loss of vision.

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  An appeal may be withdrawn as to any or all issues involved in the appeal at any time before the Board promulgates a decision.  38 C.F.R. § 19.55.  Withdrawal may be made by the appellant or by his or her authorized representative.  Id.  

In the present case, in October 2020, the Veteran submitted a signed Appeals Satisfaction Notice.  Such states that the Veteran wished to withdraw all remaining issues contained in the recent supplemental statement of the case (SSOC) and that further development actions associated with such issues be discontinued.  The form noted it was only to be returned if the Veteran no longer wished to pursue the remaining issues contained in his SSOC.  

 

The Board finds that the Veteran has withdrawn the appeal as to service connection for loss of vision and, hence, there remain no allegations of errors of fact or law for appellate consideration.  Accordingly, the Board does not have jurisdiction to review the appeal and it is dismissed.

 

 

K. Parakkal

Veterans Law Judge

Board of Veterans’ Appeals

Attorney for the Board	S. Owen, 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.