Citation Nr: 21003362
Decision Date: 01/21/21	Archive Date: 01/21/21

DOCKET NO. 16-47 306
DATE: January 21, 2021

ORDER

The appeal seeking service connection for tinnitus is dismissed.

The appeal seeking service connection for bilateral hearing loss is dismissed.

FINDINGS OF FACT

1.  In August 2019, prior to the promulgation of a decision in the appeal, the Veteran, through his representative, requested that his entire appeal be withdrawn.

2.  In January 2021, VA was notified of the Veteran’s December 2020 death.

CONCLUSIONS OF LAW

1. The criteria for withdrawal of the appeal for entitlement to service connection for tinnitus are met.  38 U.S.C. § 7105; 38 C.F.R. § 19.55.

2. The criteria for withdrawal of the appeal for entitlement to service connection for bilateral hearing loss are met.  38 U.S.C. § 7105; 38 C.F.R. § 19.55.

REASONS AND BASES FOR FINDINGS AND CONCLUSIONS

The Veteran, who was the appellant in this case, served on active duty from February 1964 to February 1966, to include service in the Republic of Vietnam.  

This appeal has been advanced on the Board’s docket pursuant to 38 C.F.R. § 20.900(c) and 38 U.S.C. § 7107(a)(2). 

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  An appeal may be withdrawn as to any or all issues involved in the appeal at any time before the Board promulgates a decision.  38 C.F.R. § 19.55.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

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In August 2019, the Veteran, through his representative, expressed his desire to withdraw the instant appeal.  See August 2019 Statement in Support of Claim (Veteran’s representative requested withdrawal of the appeal after having “[a]dvised the Veteran that his case is viable and that there is some retroactive payment available if granted. The Veteran understood and still wishes to cancel/withdraw. The Veteran is satisfied with his current rating of 100% permanent and total.”). 

The Veteran withdrew his appeal and, thus, there remain no allegations of errors of fact or law for appellate consideration.  Accordingly, the Board does not have jurisdiction to reveal the appeal and it is dismissed.  The Board notes further that more recently, in December 2020, the Veteran unfortunately died.  See December 2020 “SSA Profile and Benefit Data”; January 2021 Report of Death.

 

 

S. B. MAYS

Veterans Law Judge

Board of Veterans’ Appeals

Attorney for the Board	C. M. Gill, 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.