Citation Nr: 21065738
Decision Date: 10/27/21	Archive Date: 10/27/21

DOCKET NO. 18-11 525
DATE: October 27, 2021

ORDER

The appeal is dismissed.

FINDING OF FACT

On March 4, 2021, prior to the promulgation of a decision in the appeal, the Board received notification from the appellant, through his authorized representative, that a withdrawal of this appeal is requested; and, in any case, the benefits sought on appeal were granted in full during the pendency of the Veteran's appeal.

CONCLUSION OF LAW

The criteria for withdrawal of an appeal by the appellant or his or her 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 served on active duty from April 1981 to April 1984 with a previous period of active duty for training (ACDUTRA) from June 1979 to September 1979.

This matter comes to the Board of Veterans' Appeals (Board) on appeal from an October 2016 rating decision issued by the Department of Veterans' Affairs (VA) Regional Office (RO), which denied service connection for a left knee disability, bilateral hearing loss, a lower back disability, a right knee disability, and tinnitus in the October 2016 rating decision.

During the pendency of this appeal, the RO issues a February 2018 rating decision granting service connection for a left knee disability and tinnitus, then in a September 2018 rating decision, the RO further granted service connection for lumbosacral strain and a right knee disability.

While the Veteran timely appealed all the issues in a December 2016 notice of disagreement (NOD), his substantive appeal VA Form 9, dated in February 2018, only mentioned the claims of service connection for a lower back disability and a right knee disability. 

While it does not appear the issue of service connection for hearing loss was ever perfected to the Board, the Veteran nonetheless submitted a statement in March 2021 indicating he wanted to withdraw any and all issues on appeal.

Thus, with regard to the issues of entitlement to service connection for a left knee disability, lower back disability, right knee disability, and tinnitus, the Board finds the rating decisions of record granted the benefits sought in full and, therefore, there remains no case or controversy for the Board to decide on appeal.  Grantham v. Brown, 114 F.3d 1156, 1158-59 (1997).  

With respect to the issue of entitlement to service connection for bilateral hearing loss, even to the extent the Veteran intended on appealing the matter to the Board, the Board finds the Veteran has since withdrawn his appeal in its entirety.  An appeal may be withdrawn by the appellant or by his or her authorized representative 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.  In the present case, the appellant, through his authorized representative, has withdrawn his entire appeal.  The Board finds said withdrawal complied with 38 C.F.R. § 19.55 as it included the Veteran's name, file number, and a statement that the entire appeal is withdrawn.  See March 2021 Correspondence.  Hence, there remain no allegations of errors of fact or law for appellate consideration.  38 C.F.R. § 19.55.  Accordingly, the appeal is dismissed.

 

SHEREEN M. MARCUS

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	A.C. Allen, 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.