Citation Nr: 21067080
Decision Date: 11/03/21	Archive Date: 11/03/21

DOCKET NO. 18-46 637
DATE: November 3, 2021

ORDER

The appeal for an initial compensable rating for hearing loss is dismissed.

FINDING OF FACT

In October 2021, prior to the promulgation of a decision in this appeal, the Veteran,  through his authorized representative, withdrew this appeal.

CONCLUSION OF LAW

The criteria for withdrawal of the appeal 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 December 1965 to December 1967. 

This matter comes before the Board of Veterans' Appeals (Board) on appeal from a           March 2018 rating decision of the Department of Veterans Affairs (VA) Regional Office (RO). On his September 2018 VA Form 9, the Veteran requested a hearing with a Veterans Law Judge; however, the Veteran withdrew this request in October 2021.

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 An appeal may be withdrawn as to any or all issues involved in the appeal at any time before the Board promulgates a decision.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

In October 2021, prior to the promulgation of a decision in this appeal, the Veteran, through his authorized representative, submitted a written statement to the Board withdrawing this appeal. Therefore, no allegation of error of fact or law remains for appellate consideration. Accordingly, the Board does not have jurisdiction to review the issue of entitlement to an initial compensable rating for hearing loss, and the appeal is dismissed.

 

 

K. A. BANFIELD

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	M. Jesteadt, 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 This decision is not precedential and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.