Citation Nr: 21066678
Decision Date: 11/01/21	Archive Date: 11/01/21

DOCKET NO. 21-00 384
DATE: November 1, 2021

ORDER

The appeal as to the claim of entitlement to a compensable disability rating for bilateral hearing loss is dismissed.

The appeal as to the claim of entitlement to service connection for peripheral neuropathy is dismissed.

FINDINGS OF FACT

1. On September 13, 2021, prior to the promulgation of a decision by the Board, the Veteran, through his representative, submitted a written communication, withdrawing his appeal with respect to the issue of entitlement to a compensable rating for bilateral hearing loss.  

2. On September 13, 2021, prior to the promulgation of a decision by the Board, the Veteran, through his representative, submitted a written communication, withdrawing his appeal with respect to the issue of entitlement to service connection for peripheral neuropathy.

CONCLUSIONS OF LAW

1. The criteria for withdrawal of the appeal by the Veteran have been met with respect to the issue of entitlement to a compensable rating for bilateral hearing loss.  38 U.S.C. § 7105; 38 C.F.R. § 19.55.

2. The criteria for withdrawal of the appeal by the Veteran have been met with respect to the issue of entitlement to service connection for peripheral neuropathy.  38 U.S.C. § 7105; 38 C.F.R. § 19.55.

REASONS AND BASES FOR FINDINGS AND CONCLUSIONS

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  An appeal may be withdrawn as to any or all issues involved in the appeal at any time before the Board promulgates a decision.  38 C.F.R. § 19.55.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

In the present case, the Veteran perfected his appeal of the October 2017 denials of the claims of entitlement to a compensable rating for bilateral hearing loss and entitlement to service connection for peripheral neuropathy.  On September 13, 2021, the Veteran, through his representative, submitted written correspondence indicating a request to withdraw his appeals with respect to the claims of entitlement to a compensable rating for bilateral hearing loss and entitlement to service connection for peripheral neuropathy.  These withdrawals were effective immediately upon receipt by VA.  38 C.F.R. § 20.205 (2020).

 

Thus, the Board finds that there remain no allegations of errors of fact or law for appellate consideration at this time.  Accordingly, the Board does not have jurisdiction to review the appeals, and the Veteran's claims for entitlement to a compensable rating for bilateral hearing loss and entitlement to service connection for peripheral neuropathy are dismissed.

 

 

A. S. CARACCIOLO

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	Tracy O. Joseph, 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.