Citation Nr: 21004465 Decision Date: 01/27/21 Archive Date: 01/27/21 DOCKET NO. 17-37 594 DATE: January 27, 2021 ORDER The issue of entitlement to an increased rating for service-connected bilateral hearing loss greater than 20 percent prior to October 13, 2020, and greater than 30 percent from October 13, 2020, is dismissed. FINDING OF FACT In a November 2020 Appeals Satisfaction Notice, the Veteran expressed satisfaction with rating decision dated earlier that month and requested to withdraw his appeal for an increased rating for his service-connected bilateral hearing loss. CONCLUSION OF LAW The criteria for withdrawal of the issue of entitlement to an increased rating for service-connected bilateral hearing loss greater than 20 percent prior to October 13, 2020, and greater than 30 percent from October 13, 2020, have been met. 38 U.S.C. § 7105; 38 C.F.R. §§ 20.202, 20.205. REASONS AND BASES FOR FINDING AND CONCLUSION The Veteran served on active duty in the U.S. Army from December 1951 to December 1953. In a November 2014 rating decision, the Agency of Original Jurisdiction (AOJ) reduced the Veteran’s rating for bilateral hearing loss from 20 percent to 10 percent, effective February 1, 2015. The Veteran perfected his appeal on this decision. In May 2019, the Veteran testified before the undersigned Veterans Law Judge at the Board of Veterans’ Appeals (Board). A transcript of the hearing is associated with the file. In July 2019, the Board restored the Veteran’s disability rating of 20 percent, effective from February 1, 2015, and remanded the claim of entitlement to an increased rating for further evidentiary development. In December 2019 and June 2020, the Board remanded the claim in order for the AOJ to comply with the July 2019 Board remand directives. In October 2020, the Board again remanded the claim to obtain an adequate VA examination. In November 2020, the AOJ granted a 30 percent rating, effective from October 13, 2020. This appeal has been advanced on the Board's docket pursuant to 38 C.F.R. § 20.900(c). 38 U.S.C.§ 7107(a)(2). Increased Rating For Service-Connected Bilateral Hearing Loss 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. Except for appeals withdrawn on the record at the time of a hearing, appeal withdrawals must be in writing. 38 C.F.R. § 20.205. An appeal may be withdrawn as to any or all issues involved in the appeal at any time before the Board promulgates a decision. Id. Withdrawal may be made by the appellant or by his or her authorized representative. Id. In a November 2020 Appeals Satisfaction Notice, the Veteran stated that he received the recent correspondence regarding the rating decision dated earlier that month to grant the issue remaining on appeal, that he is satisfied with that determination, and that he wishes to withdraw his appeal. Significantly, the Veteran specifically expressed his desire to withdraw all the remaining issues contained in the recently received Supplemental Statement of the Case (SSOC). See November 2020 Correspondence (Appeals Satisfaction Notice). The Board acknowledges the additional argument provided by the Veteran's representative in the December 2020 written appellate brief, received after the Appeals Satisfaction Notice. Significantly, this statement from the representative fails to address the Veteran's signed November 2020 Appeals Satisfaction notice. In any event, and according to 38 C.F.R. § 20.205(b)(3), a veteran's withdrawal is effective upon the date of its receipt. The Board finds that, in this appeal, the language used in the November 2020 Appeals Satisfaction Notice is clear and unambiguous, and is indicative of an informed and purposeful decision. See DeLisio v. Shinseki, 25 Vet. App. 45 (2011). Accordingly, the Board finds that the Veteran has knowingly withdrew the issue on appeal and that, therefore, the Board no longer has jurisdiction to review this issue. There remains no allegation of errors of fact or law for appellate consideration. Accordingly, the appeal is dismissed. THERESA M. CATINO Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board S. Middleton, 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.