Citation Nr: 21003879
Decision Date: 01/25/21	Archive Date: 01/25/21

DOCKET NO. 20-27 352
DATE: January 25, 2021

ORDER

The issue of whether the reduction in the evaluation of the service-connected bilateral hearing loss disability from 70 percent to 40 percent was proper is dismissed.

FINDING OF FACT

On December 3, 2020, prior to the promulgation of a decision in the appeal, the Board received notification from the appellant, through his authorized representative, that a withdrawal of this appeal is requested.

CONCLUSION OF LAW

The criteria for dismissal of the matter of whether the reduction in the evaluation of the service-connected bilateral hearing loss disability from 70 percent to 40 percent was proper have been met.  38 U.S.C. § 7105; 38 C.F.R. § 19.55.

REASONS AND BASES FOR FINDING AND CONCLUSION

1. Whether the reduction in the evaluation of the service-connected bilateral hearing loss disability from 70 percent to 40 percent was proper.

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  An appeal may be withdrawn as to any or all issues involved in the appeal at any time before the Board promulgates a decision.  38 C.F.R. § 19.55.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, the appellant, through his authorized representative, withdrew this appeal in a December 3, 2020, written statement.  Thus, 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.

 

 

Marissa Caylor

Acting Veterans Law Judge

Board of Veterans’ Appeals

Attorney for the Board	Joseph R. Keselyak, 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 This decision is not precedential and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.