Citation Nr: 21002931
Decision Date: 01/19/21	Archive Date: 01/19/21

DOCKET NO. 16-58 517
DATE: January 19, 2021

ORDER

Entitlement to an initial compensable disability rating for bilateral hearing loss is dismissed.

FINDING OF FACT

In written correspondence received in November 2020, prior to the promulgation of a decision in the appeal, the Veteran expressed his desire to withdraw his appeal regarding his claim for an initial compensable rating for bilateral hearing loss.

CONCLUSION OF LAW

The criteria for withdrawal of the appeal regarding the issue of entitlement to an initial compensable rating for bilateral hearing loss by the appellant (or his or her authorized representative) have been met.  38 U.S.C. § 7105(b)(2) (2012); 38 C.F.R. § 20.204 (2019).

REASONS AND BASES FOR FINDING AND CONCLUSION

The Veteran served honorably in the United States Navy from February 1967 to August 1971 and from August 1975 to September 1975, with intervening and subsequent Reserve service.

The Board of Veterans’ Appeals (Board) remanded this appeal in June 2018 and again in October 2019.

Withdrawal and Dismissal

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  An appeal may be withdrawn as to any or all issues involved in the appeal at any time before the Board promulgates a decision.  38 C.F.R. § 20.204.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.

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Here, in November 2020, prior to the promulgation of a Board decision with respect to this matter, the Veteran submitted correspondence indicating he was satisfied with his hearing loss claim and wished to withdraw his appeal.  The Board finds that the withdrawal satisfies the requirements for a written withdrawal.  38 C.F.R. § 20.205.  Accordingly, the Board finds that the appeal with respect to the Veteran’s claim of entitlement to an initial compensable rating for bilateral hearing loss has been withdrawn.  See Hembree v. Wilkie, 2020 US. App. Vet. Claims LEXIS 1677 (Aug. 31, 2020).  

As there are no allegations of errors of fact or law for appellate consideration at this time, the Board does not have jurisdiction to review the appeal, and the claim is dismissed.

 

 

A. S. CARACCIOLO

Veterans Law Judge

Board of Veterans’ Appeals

Attorney for the Board	T. Minot, 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.