Citation Nr: 21062476
Decision Date: 10/07/21	Archive Date: 10/07/21

DOCKET NO. 19-28 207
DATE: October 7, 2021

ORDER

The appeal for an effective date earlier than October 16, 2017, for the assignment of a 10 percent rating for bilateral hearing loss is dismissed.

FINDING OF FACT

On September 29, 2021, prior to the promulgation of a decision on the appeal, the Board received notification from the appellant that a withdrawal of this appeal is requested.

CONCLUSION OF LAW

The criteria for dismissal of entitlement to an effective date earlier than October 16, 2017, for the assignment of a 10 percent rating for bilateral hearing loss have been met.  38 U.S.C. § 7105; 38 C.F.R. § 19.55.

REASONS AND BASES FOR FINDING AND CONCLUSION

The Veteran had active service from January 1964 to October 1969.

The Veteran provided a September 2021 statement indicating that he wished to cancel his Board hearing. Therefore, the hearing request is considered withdrawn. 38 C.F.R. § 20.704 (e).

The appeal for an effective date earlier than October 16, 2017, for the assignment of a 10 percent rating for bilateral hearing loss is dismissed.

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  An appeal may be withdrawn as to any or all issues involved in the appeal at any time before the Board promulgates a decision.  38 C.F.R. § 19.55.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  In the present case, the appellant has withdrawn the appeal for an effective date earlier than October 16, 2017, for the assignment of a 10 percent rating for bilateral hearing loss and, hence, there remain no allegations of errors of fact or law for appellate consideration. Specifically, the Veteran submitted a statement in September 2021 stating that he wished to the withdraw the appeal. Accordingly, the Board does not have jurisdiction to review the appeal and it is dismissed.

 

 

A.	J. Spector

Veterans Law Judge

Board of Veterans' Appeals

R. Erdheim, Attorney for the Board	Department of Veterans Affairs

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 This decision is not precedential and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.