Citation Nr: 21067268 Decision Date: 11/03/21 Archive Date: 11/03/21 DOCKET NO. 18-08 496 DATE: November 3, 2021 ORDER The appeal for the claims for service connection for right and left wrist disorders is dismissed. Entitlement to service connection for left ear hearing loss is granted. FINDINGS OF FACT 1. In November 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 the claims for service connection for right and left wrist disorders is requested. 2. Resolving reasonable doubt in the Veteran's favor, his left ear hearing loss is at least as likely as not related to in-service injury, event, or disease. CONCLUSIONS OF LAW 1. The criteria for withdrawal of the appeal for service connection for right and left wrist disorders by the appellant, through his authorized representative, have been met. 38 U.S.C. § 7105; 38 C.F.R. § 19.55. 2. The criteria for service connection for left ear hearing loss are met. 38 U.S.C. §§ 1110, 1131, 5107; 38 C.F.R. §§ 3.102, 3.303. REASONS AND BASES FOR FINDINGS AND CONCLUSIONS The Veteran had active service from July 1990 to July 1994. This matter is on appeal from a December 2014 rating decision. In pertinent part, it denied service connection for bilateral hearing loss, a right shoulder disorder, and bilateral wrist disorders. In his February 2015 notice of disagreement, the Veteran only appealed the denial of left ear hearing loss, along with the claims for service connection for the wrists and right shoulder. In a January 2019 rating decision, the regional office (RO) granted service connection for a right shoulder disorder. That matter has not been appealed. The Board notes that in November 2021, the Veteran's representative indicated that the Veteran was withdrawing the claims for service connection for the right and left wrist disorders and requested an evidence review of the remaining left ear hearing loss claim by a Veterans Law Judge. Service Connection 1. Entitlement to service connection for right and left wrist disorders. 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 An appeal may be withdrawn as to any or all issues involved in the appeal at any time before the Board promulgates a decision. 38 C.F.R. § 19.55.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 the present case, the appellant, through his authorized representative, has withdrawn the issues of service connection for (a) a right wrist disorder and (b) a left wrist disorder. 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 of these issues and they are dismissed. 2. Entitlement to service connection for left ear hearing loss. The Veteran contends that his left ear hearing loss developed due to service. The Board concludes that the Veteran has a current disability that is related to in-service injury. 38 U.S.C. §§ 1110, 1131, 5107(b); Holton v. Shinseki, 557 F.3d 1363, 1366 (Fed. Cir. 2009); 38 C.F.R. § 3.303(a). A November 2014 VA examination shows that the Veteran has a current diagnosis of left ear hearing loss. Thus, the question becomes whether the current disability is related to service. On this question there are probative opinions in favor of and against the claim. The evidence against the claim includes the November 2014 VA examination. The VA examiner found that it was not due to service. The examiner noted that the Veteran had high frequency mixed hearing loss, which was not consistent with noise exposure but to a medical condition of unknown etiology. A comparison could not be made between his enlistment audiogram and discharge audiogram due to the absence of a separation audiogram. The evidence in favor of the claim includes a private medical record from the Florida Hospital Medical Group, received in October 2021. The private medical provider noted that the Veteran had asymmetrical left conductive hearing loss. The provider opined it was more likely than not related to left ear irrigation in service, as the Veteran did not have noise induced hearing loss to any significant degree. Also, there were adhesions in the middle ear and a joint was at least partially eroded. (Continued on the next page) Upon review of the record, the Board finds that the evidence to at least be in equipoise as to whether the Veteran's current left ear hearing loss is related to service. Accordingly, after resolving all doubt in favor of the Veteran, the Board finds that service connection for left ear hearing loss is warranted. 38 U.S.C. § 5107; 38 C.F.R. § 3.102. H.M. WALKER Veterans Law Judge Board of Veterans' Appeals Attorney for the Board A. Lindio 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.