Citation Nr: 21061926
Decision Date: 10/05/21	Archive Date: 10/05/21

DOCKET NO. 19-21 785
DATE: October 5, 2021

ORDER

Entitlement to service connection for bilateral hearing loss is dismissed.

Entitlement to service connection for ulcerative colitis is dismissed.

FINDING OF FACT

In a September 2021 statement, which was received prior to the promulgation of a decision in the appeal, the Veteran requested to withdraw his appeal on the issues of entitlement to service connection for bilateral hearing loss and ulcerative colitis.

CONCLUSION OF LAW

The criteria for withdrawal of the claim of entitlement to service connection for bilateral hearing loss and ulcerative colitis have been met.  38 U.S.C. § 7105; 38 C.F.R. § 19.55.

REASONS AND BASES FOR FINDING AND CONCLUSION

The Veteran served on active duty in the United States Marine Corps from October 1969 to September 1972.  These matters are on appeal from a July 2017 rating decision.  In the July 2019 substantive appeal, the Veteran selected to attend a Videoconference hearing scheduled for September 2021.  However, the day of the scheduled hearing the Veteran requested to withdraw the claims.  Therefore, the request for a hearing before the Board is moot.

Withdrawn Claims

The Board may dismiss any appeal which fails to allege specific error of fact or law.  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  An appeal may be withdrawn as to any or all issues involved in the appeal at any time before the Board promulgates a decision.  38 C.F.R. § 19.55.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 authorized representative. Id.  Here, in a September 2021 statement, the Veteran withdrew the claim of entitlement to bilateral hearing loss and ulcerative colitis.  Hence, there remain no allegations of errors of fact or law for appellate consideration regarding these claims, the Board does not have jurisdiction to review them, and they are dismissed.

 

 

KELLI A. KORDICH

Veterans Law Judge

Board of Veterans' Appeals

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 This decision is not precedential and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.