Citation Nr: 21064992
Decision Date: 10/22/21	Archive Date: 10/22/21

DOCKET NO. 16-49 697
DATE: October 22, 2021

ORDER

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

FINDING OF FACT

In October 2021, prior to promulgation of a decision in the appeal, the Board received notification from the Veteran that a withdrawal of this appeal is requested.

CONCLUSION OF LAW

The criteria for withdrawal of an appeal by the Veteran have been met.  38 U.S.C. § 7105; 38 C.F.R. § 19.55.

REASONS AND BASES FOR FINDING AND CONCLUSION

The Veteran served on active duty with the United States Army from May 1960 to May 1962.

The Veteran was scheduled for a hearing before the Board, but in written correspondence received in October 2021, he withdrew his hearing request.  Moreover, as will be discussed, he also has withdrawn his appeal entirely.

1. Entitlement to service connection for bilateral hearing loss

The Board may dismiss any appeal that 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  An appeal may be withdrawn as to any or all issues involved in the appeal at any time before the Board promulgates a decision.  38 C.F.R. § 19.55.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 by the appellant or by his or her authorized representative.  38 C.F.R. § 19.55.

In October 2021 correspondence, the Veteran, through his representative, stated that he wished to withdraw both his hearing request and his entire appeal.  This correspondence included the Veteran's name, his file number, and a clear statement that the appeal was withdrawn.  It thus meets all the criteria to be considered a valid withdrawal under 38 C.F.R. § 19.55.

Hence, there remain no allegations of errors of fact or law for appellate consideration. Accordingly, the Board does not have jurisdiction to review this appeal and it is summarily dismissed.

 

 

Evan M. Deichert

Veterans Law Judge

Board of Veterans' Appeals

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 This decision is not precedential and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.