Citation Nr: 21064381
Decision Date: 10/20/21	Archive Date: 10/20/21

DOCKET NO. 17-15 458
DATE: October 20, 2021

ORDER

The appeal for entitlement to service connection for bilateral hearing loss is dismissed.

The appeal for entitlement to service connection for tinnitus is dismissed.

The appeal for entitlement to an effective date prior to March 17, 2017, for service connection for chronic kidney disease with hypertension, is dismissed.

FINDING OF FACT

In a September 2021 written statement, the accredited representative expressly withdrew the Veteran's appeal for service connection for both bilateral hearing loss and tinnitus and an earlier effective date for the award of service connection for chronic kidney disease with hypertension.  

CONCLUSIONS OF LAW

1. The criteria for withdrawal of the appeal for service connection for bilateral hearing loss are met.  38 U.S.C. § 7105; 38 C.F.R. § 19.55.  

2. The criteria for withdrawal of the appeal for service connection for tinnitus have been met.  38 U.S.C. § 7105; 38 C.F.R. § 19.55.  

3. The criteria for withdrawal of the appeal for an earlier effective date for service connection for chronic kidney disease with hypertension have been met.  38 U.S.C. § 7105; 38 C.F.R. § 19.55.

REASONS AND BASES FOR FINDING AND CONCLUSIONS

The Veteran had active service from February 1971 to February 1973.  The Veteran served in the Republic of Vietnam.  

Withdrawal

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In a September 2021 written statement, the accredited representative stated that the "Veteran is already 100% permanent and total and is satisfied with the rating."  He requested that "all issues on appeal be withdrawn."  The Board of Veterans' Appeals (Board) finds that the accredited representative expressly withdrew the appeal from the denial of service connection for both bilateral hearing loss and tinnitus and an earlier effective date for the award of service connection for chronic kidney disease with hypertension.  

A veteran or the accredited representative may withdraw a substantive appeal in writing at any time prior to the Board's promulgation of a decision.  38 C.F.R. §19.55.  The Board finds that the accredited representative has effectively withdrawn the appeal for service connection for both bilateral hearing loss and tinnitus and an earlier effective date for the award of service connection for chronic kidney disease with hypertension.  Therefore, the Board concludes that no allegation of fact or law remains as to that issue and the appeal must be dismissed.  38 U.S.C. § 7105.

 

 

J. T. HUTCHESON

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	D. Casula

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.