Citation Nr: 21061335
Decision Date: 10/01/21	Archive Date: 10/01/21

DOCKET NO. 18-36 855
DATE: October 1, 2021

ORDER

Entitlement to service connection for bilateral hearing loss and tinnitus is dismissed.

FINDING OF FACT

On September 28, 2021, prior to the promulgation of a decision in the appeal, the Veteran withdrew his appeal, on the record, at a virtual hearing in front of the below Veterans Law Judge.

CONCLUSION OF LAW

The criteria for withdrawal of an appeal by the Veteran have been met.  38 U.S.C. § 7105; 38 C.F.R. § 19.55.

REASONS AND BASES FOR FINDING AND CONCLUSION

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  An appeal may be withdrawn as to any or all issues involved in the appeal at any time before the Board promulgates a decision.  38 C.F.R. § 19.55.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 Veteran or by his or her authorized representative.  38 C.F.R. § 19.55.  In the present case, the Veteran, has withdrawn this appeal and, hence, there remain no allegations of errors of fact or law for appellate consideration.  

The Board notes that an oral withdrawal of an appeal, such as this one made at the Veteran's hearing, must be (1) explicit, (2) unambiguous, and (3) done with a full understanding of the consequences of such action on the part of the claimant.  DeLisio v. Shinseki, 25 Vet. App. 45, 57 (2011); see Acree v. O'Rourke, 891 F.3d 1009, 1014 (Fed. Cir. 2018).  Here, the Veteran was questioned by the undersigned Veterans Law Judge, with his representative, and unequivocally stated that he wished to withdraw his appeal for service connection for bilateral hearing loss and tinnitus.  He testified that he understood that these issues would no longer be before the Board and would no longer be an active claim, thus satisfying the requirements under DeLisio.  

Accordingly, the Board does not have jurisdiction to review the appeal and it is dismissed.

 

 

T. REYNOLDS

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	L. Nelson

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 This decision is not precedential and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.