Citation Nr: 21064753
Decision Date: 10/21/21	Archive Date: 10/21/21

DOCKET NO. 18-07 127
DATE: October 21, 2021

ORDER

Entitlement to a compensable rating for service-connected bilateral hearing loss is dismissed.

FINDING OF FACT

In March 2020, prior to the promulgation of a decision, the Veteran withdrew his claim of entitlement to a compensable rating for service-connected bilateral hearing loss. 

CONCLUSION OF LAW

The criteria for withdrawal of the appeal by the Veteran with respect to the claim of entitlement to a compensable rating for service-connected bilateral hearing loss have been met. 38 U.S.C. § 7105; 38 C.F.R. § 19.55, 20.204.

REASONS AND BASES FOR FINDING AND CONCLUSION

The Veteran served on active duty from June 1972 to July 1974, October 1982 to January 1983, and from July 1983 to August 1993. 

1. Entitlement to a compensable rating for service-connected bilateral hearing loss

In a November 2017 rating decision, a Regional Office (RO) continued the noncompensable rating assigned to service-connected bilateral hearing loss. In December 2017, the Veteran filed a timely notice of disagreement (NOD), after which the RO issued a January 2018 statement of the case (SOC) addressing the issue. In February 2018, the Veteran perfected an appeal with respect to the increased rating claim by submitting a timely VA Form 9 wherein he also requested a video conference hearing before the Board. The claim was certified to the Board in March 2018 and, in February 2020, the Veteran was notified that his requested hearing was scheduled for March 13, 2020.

In March 2020, the Veteran submitted a signed statement wherein he stated that he wished to withdraw the appeal and hearing scheduled for March 13, 2020. 

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 An appeal may be withdrawn as to any or all issues involved in the appeal at any time before the Board promulgates a decision. 38 C.F.R. § 20.204. Withdrawal may be made by the Veteran or by his authorized representative. 38 C.F.R. § 20.204.

Given the Veteran's March 2020 statement, the Board finds that he has withdrawn the appeal with respect the bilateral hearing loss increased rating claim and that there remains no allegations of errors of fact or law for appellate consideration with respect to that issue.

(Continued on the next page)

 

Accordingly, the issue entitlement to a compensable rating for service-connected bilateral hearing loss is dismissed.

 

M. Donohue

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	A. Turnipseed, 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.