Citation Nr: 21067063
Decision Date: 11/03/21	Archive Date: 11/03/21

DOCKET NO. 20-12 878
DATE: November 3, 2021

ORDER

Entitlement to an effective date prior to August 9, 2017 for the grant of service connection for hearing loss is dismissed.

Entitlement to an initial evaluation in excess of 0 percent for hearing loss is dismissed.

Entitlement to an evaluation in excess of 10 percent for tinnitus is dismissed.

FINDING OF FACT

In a signed statement dated September 19, 2020, the Veteran withdrew his claims seeking entitlement to an effective date prior to August 9, 2017 for the granting of service connection for hearing loss, entitlement to a higher rating for hearing loss, and entitlement to a higher rating for tinnitus.

CONCLUSIONS OF LAW

1. The criteria for dismissal of entitlement to an effective date prior to August 9, 2017 for the grant of service connection for hearing loss have been met.  38 U.S.C. § 7105; 38 C.F.R. § 19.55.

2. The criteria for dismissal of entitlement to an initial evaluation in excess of 0 percent for hearing loss have been met.  38 U.S.C. § 7105; 38 C.F.R. § 19.55.

3. The criteria for dismissal of entitlement to an evaluation in excess of 10 percent for tinnitus 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 in the United States Marine Corps from October 1985 to December 1988. 

This matter comes before the Board of Veterans' Appeals (Board) on appeal from a February 2019 rating decision from the Department of Veterans Affairs (VA) Regional Office (RO). 

1. Entitlement to an effective date prior to August 9, 2017 for the grant of service connection for hearing loss.

2. Entitlement to an initial evaluation in excess of 0 percent for hearing loss.

3. Entitlement to an evaluation in excess of 10 percent for tinnitus.

The Board may dismiss any appeal that 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  An appeal may be withdrawn as to any or all issues involved in the appeal at any time before the Board promulgates a decision.  38 C.F.R. § 19.55.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 or her authorized representative.  38 C.F.R. § 20.204. 

In a signed statement dated September 19, 2020, the Veteran withdrew his appeal as to the issues of entitlement to an effective date prior to August 9, 2017 for the granting of service connection for hearing loss, entitlement to a higher rating for hearing loss, and entitlement to a higher rating for tinnitus.  Thus, there remain no allegations of errors of fact or law for appellate consideration as to that issue.  As such, the Board does not have jurisdiction to review the appeal, and the issues of entitlement to an effective date prior to August 9, 2017 for the granting of service connection for hearing loss, entitlement to a higher rating for hearing loss, and entitlement to a higher rating for tinnitus are dismissed.

 

 

STEVEN D. REISS

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	Sara Leigh, Attorney Advisor

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.