Citation Nr: 21067499
Decision Date: 11/04/21	Archive Date: 11/04/21

DOCKET NO. 17-27 661
DATE: November 4, 2021

ORDER

Entitlement to service connection for a right shoulder disability is dismissed.

Entitlement to service connection for bilateral hearing loss is dismissed.

FINDING OF FACT

In May 2021 and October 2021, prior to the promulgation of a decision in the appeal, the Board of Veterans' Appeals (Board) received written notification from the Veteran that he wanted to withdraw his entire appeal.

CONCLUSIONS OF LAW

1. The criteria for withdrawal of the appeal of entitlement to service connection for a right shoulder disability by the Veteran are met. 38 U.S.C. § 7105; 38 C.F.R. § 19.55.

2. The criteria for withdrawal of the appeal of entitlement to service connection for bilateral hearing loss by the Veteran are met. 38 U.S.C. § 7105; 38 C.F.R. § 19.55.

REASONS AND BASES FOR FINDING AND CONCLUSIONS

The Veteran had active duty service from September 1982 to May 1983 and from January 2010 to November 2010.

This matter comes to the Board of Veterans' Appeals (Board) from a rating decision dated in September 2013 of a Department of Veterans Affairs (VA) Agency of Original Jurisdiction (AOJ).

The Veteran requested a hearing before the Board as part of his appeal. In February 2021, he was notified that a hearing had been scheduled. However, before the date of the scheduled hearing, the Veteran indicated his desire to withdraw the appeal.

Service Connection

1. Entitlement to service connection for a right shoulder disability

2. Entitlement to service connection for bilateral hearing loss

Under 38 U.S.C. § 7105, the Board may dismiss any appeal which fails to allege specific error of fact or law in the determination being appealed. Further, a substantive appeal may be withdrawn in writing at any time before the Board promulgates a decision. 38 C.F.R. § 19.55. Withdrawal may be made by the Veteran (or claimant) or by his or her authorized representative. Id.

In correspondence received on May 4, 2021, the Veteran indicated that he wanted to withdraw his appeal. He wrote, "I...hereby request to withdraw...my appeal[.]" The Board sought clarification regarding the Veteran's withdrawal in September 2021. In October 2021, the Veteran responded, "I am writing to notify the [B]oard that I wish to have my appeal withdrawn and am not pursuing any action at all from you," and he wished to "close the matter at hand." The written statements included the Veteran's name, VA file number, and a statement of withdrawal. 

Because the Veteran has withdrawn the issues on appeal, there remain no allegations of error of fact or law for appellate consideration, and the Board does not have further jurisdiction over the issues of entitlement to service connection for a right shoulder disability or for bilateral hearing loss. Accordingly, the issues are dismissed. 38 U.S.C. § 7104.

 

 

S. L. Kennedy

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	M. Smith, 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.