Citation Nr: 21065276 Decision Date: 10/25/21 Archive Date: 10/25/21 DOCKET NO. 16-27 545 DATE: October 25, 2021 ORDER Entitlement to an increased rating for bilateral hearing loss has been withdrawn and is dismissed. Entitlement to a total disability rating based on individual unemployability due to service-connected disabilities (TDIU) has been withdrawn and is dismissed. FINDINGS OF FACT 1. On January 5, 2021, prior to the promulgation of a decision in the appeal, the Board received notification from the Veteran that he no longer wanted to proceed with the appeals for entitlement to a total disability rating based on individual unemployability due to service-connected disabilities (TDIU) or entitlement to an increased rating for bilateral hearing loss. CONCLUSIONS OF LAW 1. The criteria for withdrawal of entitlement to a total disability rating based on individual unemployability due to service-connected disabilities (TDIU) have been met. 38 U.S.C. § 7105; 38 C.F.R. § 19.55. 2. The criteria for withdrawal of entitlement to an increased rating for bilateral hearing loss have been met. 38 U.S.C. § 7105; 38 C.F.R. § 19.55. REASONS AND BASES FOR FINDINGS AND CONCLUSIONS The Veteran served on active duty from August 1966 to August 1986. This matter comes to the Board of Veterans' Appeals (Board) on appeal from December 2014 and November 2015 rating decisions by the Department of Veterans Affairs (VA) Regional Office (RO) in Muskogee, Oklahoma. In July 2019, the Veteran appeared at a hearing before the undersigned Veterans Law Judge. A copy of the hearing transcript is of record. In February 2020, the Board remanded these claims to the Agency of Original Jurisdiction for additional action. 1. Entitlement to a total disability rating based on individual unemployability due to service-connected disabilities (TDIU). 2. Entitlement to an increased rating for bilateral hearing loss. The Veteran notified the Board in a December 2020 statement that he no longer wanted to proceed with the appeals for entitlement to TDIU or entitlement to an increased rating for bilateral hearing loss. The signed December 2020 statement indicating the Veteran's intent to withdraw the appeal is explicit, unambiguous, and done with a full understanding of the consequences of that action. Warren v. McDonald, 28 Vet. App. 214 (2017); DeLisio v. Shinseki, 25 Vet. App. 45 (2011). The Board finds that communication constitutes a valid withdrawal of the appeal for the TDIU and increased rating claims. The Board may dismiss any appeal which does not allege specific error of fact or law in the determination being appealed. 38 U.S.C. § 7105. A substantive appeal may be withdrawn in writing at any time before the Board promulgates a decision. 38 C.F.R. §§ 20.202, 20.204(b). 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 claimant or the authorized representative. 38 C.F.R. § 20.204(c). As a result of the Veteran's withdrawal of the claims on appeal, no allegation of error of fact or law remains before the Board for consideration with regard to those claims. Therefore, the Board finds that the Veteran has withdrawn the appeals for entitlement to a total disability rating based on individual unemployability due to service-connected disabilities and entitlement to an increased rating for bilateral hearing loss. The Board does not have jurisdiction to review those claims. Therefore, those claims are dismissed. Harvey P. Roberts Veterans Law Judge Board of Veterans' Appeals Attorney for the Board Mondesir, Eric 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.