Citation Nr: 21067679
Decision Date: 11/05/21	Archive Date: 11/05/21

DOCKET NO. 19-25 431
DATE: November 5, 2021

ORDER

Entitlement to service connection for a right ear hearing loss, claimed as bilateral hearing loss, is dismissed.

Entitlement to service connection for chronic spongiotic dermatitis and superficial perivascular lymphocytic infiltrate with few eosinophils, claimed as skin condition, is dismissed.

FINDINGS OF FACT

1. By the submission dated October 18, 2021 and prior to the promulgation of a decision in the appeal, the Veteran withdrew his claim of entitlement to service connection for a right ear hearing loss. 

2. By the submission dated October 18, 2021 and prior to the promulgation of a decision in the appeal, the Veteran withdrew his claim of entitlement to service connection for chronic spongiotic dermatitis and superficial perivascular lymphocytic infiltrate with few eosinophils.

CONCLUSIONS OF LAW

1. The criteria for withdrawal of an appeal by the Veteran have been met as to the issue of entitlement to service connection for a right ear hearing loss. 38 U.S.C.      § 7105(b)(2), (d)(5); 38 C.F.R. § 19.55. 

2. The criteria for withdrawal of an appeal by the Veteran have been met as to the issue of entitlement to service connection for chronic spongiotic dermatitis and superficial perivascular lymphocytic infiltrate with few eosinophils. 38 U.S.C.               § 7105(b)(2), (d)(5); 38 C.F.R. § 19.55. 

REASONS AND BASES FOR FINDINGS AND CONCLUSIONS

The Veteran served on active duty in the United States Army from August 1968 to May 1979.

These matters come to the Board of Veterans' Appeals (Board) on appeal from an August 2017 rating decisions issued by the Department of Veterans Affairs (VA) Regional Office (RO).

The Veteran initially requested a videoconference hearing on his August 2019 Form 9. The hearing was scheduled for November 10, 2021. However, the Veteran has withdrawn his appeals and the scheduled hearing will be considered to be canceled.

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 An appeal may be withdrawn as to any or all issues involved in the appeal at any time before the Board promulgates a decision. 38 C.F.R. § 19.55.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

The Veteran withdrew his appeal for entitlement to service connection for a right ear hearing loss and entitlement to service connection for chronic spongiotic dermatitis and superficial perivascular lymphocytic infiltrate with few eosinophil in an October 2021 in a Statement in Support of Claim submitted to the RO. This withdraw was in writing, included the name of the Veteran, the file number, a statement that the appeal before the Board was withdrawn. 38 C.F.R. § 19.55(b); Hembree v. Wilkie, 33 Vet. App. 1 (2020). As there remains no allegations of errors of fact or law for appellate consideration regarding the above-mentioned issues, the Board does not have jurisdiction over these issues, and they are dismissed.

 

 

KRISTY L. ZADORA

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	B. Adeyemi, 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.