Citation Nr: 21065874
Decision Date: 10/27/21	Archive Date: 10/27/21

DOCKET NO. 19-18 696A
DATE: October 27, 2021

ORDER

The appeal is dismissed as to the issue of entitlement to service connection for bilateral hearing loss disability. 

The appeal is dismissed as to the issue of entitlement to service connection for tinnitus.

FINDING OF FACT

1. On October 12, 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 the appeal for service connection for bilateral hearing loss and tinnitus is requested.

CONCLUSION OF LAW

1. The criteria for withdrawal of entitlement to service connection for bilateral hearing loss and tinnitus by the appellant have been met.  38 U.S.C. § 7105; 38 C.F.R. § 19.55.

REASONS AND BASES FOR FINDING AND CONCLUSION

The Veteran had active duty service in the United States Marine Corps from January 1987 to January 1993.  See DD Form 214.

Withdrawal

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  An appeal may be withdrawn as to any or all issues involved in the appeal at any time before the Board promulgates a decision.  38 C.F.R. § 19.55.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 authorized representative.  Id. 

In October 2021, the appellant submitted a statement stating that he wished to withdraw his appeal regarding service connection for bilateral hearing loss and tinnitus.  See October 2021 VA 27-0820 Report of General Information.  The withdrawal was effective immediately upon receipt by the Board.  38 C.F.R. § 19.55(b)(3).

A written withdrawal must be in writing and include (1) the name of the Veteran or the name of the claimant or appellant if other than the Veteran, (2) the applicable VA file number, and (3) a statement that the appeal is withdrawn.  38 C.F.R. §§ 19.55(b)(1).  If the appeal involves multiple issues, the withdrawal must specify that the appeal is withdrawn in its entirety or list the issue(s) withdrawn from the appeal.  Id.

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Here, the Board finds that the Veteran's withdrawal is in writing, has the name of the Veteran, the applicable file number, and a statement that both issues should be withdrawn.  See Hembree v. Wilkie, 33 Vet. App. 1, 5 (2020).  Given such, the claim is withdrawn.  Thus, there remains no allegations of errors of fact or law for appellate consideration.  

Accordingly, the Board does not have jurisdiction to review the appeal concerning the above-mentioned issues and the claim is dismissed.

 

 

YVETTE R. WHITE

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	A. Barner, 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.