Citation Nr: 21003685
Decision Date: 01/22/21	Archive Date: 01/22/21

DOCKET NO. 18-33 722
DATE: January 22, 2021

ORDER

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

The appeal seeking service connection for tinnitus is dismissed.

The appeal seeking an earlier effective date for a 50 percent rating for pansinusitis is dismissed.

FINDING OF FACT

In January 2021 correspondence, the Veteran requested to withdraw from appellate status the claims for service connection for bilateral hearing loss and tinnitus and for an earlier effective date for a 50 percent rating for pansinusitis.

CONCLUSION OF LAW

The criteria for withdrawal of the claims for service connection for bilateral hearing loss and tinnitus and for an earlier effective date for a 50 percent rating for pansinusitis are met. 38 U.S.C. § 7105; 38 C.F.R. § 20.204.

REASONS AND BASES FOR FINDING AND CONCLUSION

The Veteran served on active duty from December 1963 to August 1967. 

These matters are before the Board of Veterans’ Appeals (Board) on appeal from June 2017 and January 2018 rating decisions of a Department of Veterans Affairs (VA) Regional Office (RO). 

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 An appeal may be withdrawn as to any or all issues involved in the appeal at any time before the Board promulgates a decision. 38 C.F.R. § 20.204.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

In correspondence dated and received in January 2021 (VA Form 21-4138, Statement in Support of Claim), the Veteran’s representative indicated that the Veteran wished to withdraw his Board hearing request and did not wish to pursue any further appellate action regarding the aforementioned issues.  The withdrawal was explicit, unambiguous, and done with a full understanding of the consequences of such action. See Acree v. O’Rourke, 891 F.3d 1009 (Fed. Cir. 2018); DeLisio v. Shinseki, 25 Vet. App. 45 (2011). As such, there remains no allegation of error of fact or law for the Board to address. Accordingly, the Board does not have jurisdiction to review the appeal of these issues and they are dismissed.  

 

JOHN Z. JONES

Veterans Law Judge

Board of Veterans’ Appeals

Attorney for the Board	A. Hemphill

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 This decision is not precedential and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.