Citation Nr: 21065772
Decision Date: 10/27/21	Archive Date: 10/27/21

DOCKET NO. 17-62 335A
DATE: October 27, 2021

ORDER

The appeal for entitlement to a compensable evaluation from November 21, 2015 to October 13, 2020, and an evaluation in excess of 50 percent from October 14, 2020 to the present, for bilateral hearing loss is dismissed.

FINDINGS OF FACT

1. In December 2020, the Veteran submitted a supplemental statement of the case (SSOC) appeals satisfaction notice indicating that he was satisfied with the rendered decision, which awarded him a higher evaluation for bilateral hearing loss, and wished to withdraw all remaining issues contained in his recent SSOC.  

2. In July 2021, prior to the promulgation of a decision in the appeal, the Board received notification from the Veteran that a withdrawal of this appeal for entitlement to a compensable evaluation from November 21, 2015 to October 13, 2020, and an evaluation in excess of 50 percent from October 14, 2020 to the present, for bilateral hearing loss is requested.

CONCLUSION OF LAW

The criteria for withdrawal of an appeal for entitlement to a compensable evaluation from November 21, 2015 to October 13, 2020, and an evaluation in excess of 50 percent from October 14, 2020 to the present, for bilateral hearing loss by the Veteran have been met.  38 U.S.C. § 7105; 38 C.F.R. § 19.55.

REASONS AND BASES FOR FINDINGS AND CONCLUSION

The Veteran served on active duty in the U.S. Army from December 1972 to December 1976 and from January 1980 to June 1998.

This matter comes before the Board of Veterans' Appeals (Board) on appeal from an April 2016 rating decision by the Department of Veterans Affairs (VA) Regional Office (RO), which denied a compensable evaluation for right ear hearing loss.  The Veteran appealed for a compensable evaluation.

The Veteran testified before the undersigned Veterans Law Judge at a December 2019 Travel Board hearing.  A transcript of this hearing is of record.

In January 2020, the Board granted service connection for left ear hearing loss and remanded the issue of entitlement to a compensable evaluation for right ear hearing loss for additional development.  As the actions specified in the remand have been substantially completed, the matter has been properly returned to the Board for appellate consideration.  See Stegall v. West, 11 Vet. App. 268 (1998); D'Aries v. Peake, 22 Vet. App. 97, 105 (2008).  

In a July 2020 rating decision, the RO implemented the January 2020 Board decision granting service connection for left ear hearing loss, recharacterized the disability as bilateral hearing loss, and assigned a noncompensable evaluation for bilateral hearing loss, effective August 30, 2014.

In a November 2020 rating decision, the RO granted a higher 50 percent evaluation for bilateral hearing loss, effective October 14, 2020.  

Dismissal

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. § 19.55.  Withdrawal may be made by the appellant or by his or her authorized representative.  38 C.F.R. § 19.55.  In the present case, the appellant has withdrawn this appeal and, hence, there remain no allegations of errors of fact or law for appellate consideration.  Accordingly, the Board does not have jurisdiction to review the appeal and it is dismissed.

 

 

LESLEY A. REIN

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	Journet Shaw, 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.