Citation Nr: 21062163
Decision Date: 10/06/21	Archive Date: 10/06/21

DOCKET NO. 18-07 210
DATE: October 6, 2021

ORDER

The issue of entitlement to an initial compensable evaluation for service-connected hearing loss is dismissed without prejudice.

FINDING OF FACT

On October 5, 2021, prior to the promulgation of a decision in the appeal, the Board received notification from the appellant (the Veteran) that a withdrawal of this appeal is requested.

CONCLUSION OF LAW

The criteria for withdrawal of an appeal by the appellant have been met.  38 U.S.C. § 7105 (2018); 38 C.F.R. § 19.55 (2021).

REASONS AND BASES FOR FINDING AND CONCLUSION

The Veteran served on active duty from February 1969 to November 1970.

 

Withdrawal

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  An appeal may be withdrawn as to any or all issues involved in the appeal at any time before the Board promulgates a decision.  38 C.F.R. § 19.55.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  In the present case, the appellant has withdrawn this appeal and, hence, there remain no allegations of errors of fact or law for appellate consideration.

The appellant's withdrawal was submitted on a VA Form 21-4138, and states: "I [name of the Veteran redacted] have decided to withdraw the BVA appeal for bilateral hearing loss."  The statement is in writing, signed by the Veteran, dated October 5, 2021, and includes: (1) the name of the Veteran; (2) the applicable VA file number; and (3) a statement that the appeal is withdrawn.  See 38 C.F.R. §§ 19.55(b)(1).  Accordingly, the Board does not have jurisdiction to review the appeal and it is dismissed without prejudice.

 

 

E. I. VELEZ

Veterans Law Judge

Board of Veterans' Appeals

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 This decision is not precedential and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.