Citation Nr: 21002523
Decision Date: 01/13/21	Archive Date: 01/13/21

DOCKET NO. 16-50 584
DATE: January 13, 2021

ORDER

As the appeal for a higher initial evaluation for bilateral hearing loss, evaluated as noncompensably disabling from February 14, 2011, to July 10, 2013, as 20 percent disabling from July 10, 2013, to August 14, 2105, and as 80 percent disabling from that date, has been withdrawn, the appeal as to this issue is dismissed.

FINDING OF FACT

On February 27, 2018, prior to the promulgation of a decision in the appeal, the Board received written notification from the Veteran that he wished to withdraw from appeal the issue of a higher initial evaluation for bilateral hearing loss.

CONCLUSION OF LAW

The criteria for withdrawal of the appeal as to the claim for a higher initial rating for bilateral hearing loss have been met.  38 U.S.C. § 7105; 38 C.F.R. § 19.55.

REASONS AND BASES FOR FINDING AND CONCLUSION

The Veteran served on active duty in the United States Marine Corps from August 1964 to August 1968.  

This appeal to the Board of Veterans’ Appeals (Board) arose from an October 2011 decision by a Department of Veterans Affairs (VA) Regional Office (RO) in which the RO granted service connection for bilateral hearing loss, evaluated as noncompensably (zero percent) disabling, effective from February 14, 2011.  The appellant disagreed with the initially assigned evaluation and perfected an appeal to the Board.

The Board notes that during the course of the appeal, the RO increased the Veteran’s hearing loss rating to 20 percent, effective July 10, 2013, and to 80 percent, effective August 14, 2015.  This issue on appeal has thus been framed accordingly.  See AB v. Brown, 6 Vet. App. 35, 38 (1993).

Withdrawal of Appeal

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  An appeal may be withdrawn as to any or all issues involved in the appeal at any time before the Board promulgates a decision.  38 C.F.R. § 19.55.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.  38 C.F.R. § 19.55. 

In this case, the Veteran, through his representative, submitted a written statement in February 2018 stating that he wished to withdraw his appeal, noting that the claim had been awarded to his satisfaction.  In this regard the Board notes that the only claim pending on appeal was that of entitlement to a higher initial rating for bilateral hearing loss.  As the Veteran has withdrawn this appeal, there remain no 

(Continued on next page)

 

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.

 

 

JAMES L. MARCH

Veterans Law Judge

Board of Veterans’ Appeals

Attorney for the Board	K. Neilson, 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.