Citation Nr: 21062696
Decision Date: 10/08/21	Archive Date: 10/08/21

DOCKET NO. 17-17 034
DATE: October 8, 2021

ORDER

Entitlement to service connection for bilateral hearing loss is dismissed.

FINDING OF FACT

On December 9, 2020, prior to the promulgation of a decision in the appeal, the Board of Veterans' Appeals (the Board) received written notice from the Veteran, through his authorized representative, requesting a withdrawal of his appeal seeking entitlement to service connection for bilateral hearing loss. 

CONCLUSION OF LAW

The criteria for withdrawal of an appeal by the Veteran's authorized representative 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 military service from September 1967 to September 1970. 

This appeal comes to the Board from an October 2015 rating decision in which the Agency of Original Jurisdiction (AOJ) denied the Veteran's claim for entitlement to service connection for 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. An appeal may be withdrawn as to any or all issues involved in the appeal at any time before the Board promulgates a decision. 38 C.F.R. § 19.55. Withdrawals may be made by the appellant or by his authorized representative. 38 C.F.R. § 19.55. A written withdrawal must be in writing and include (1) the name of the Veteran or the name of the claimant or appellant if other than the Veteran, (2) the applicable VA file number, and (3) a statement that the appeal is withdrawn. 38 C.F.R. § 19.55(b)(1).

On December 9, 2020, the Veteran, through his authorized representative, provided written notice including his name, VA file number, and a statement that he wished to withdraw his appeal for entitlement to service connection for bilateral hearing loss. In light of this December 9, 2020 statement, there remain no allegations of errors of fact or law for appellate consideration. Accordingly, the Board does not have jurisdiction to review the appeal and it is dismissed. 

 

 

MICHAEL A. HERMAN

Veterans Law Judge

Board of Veterans' Appeals

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 This decision is not precedential and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.