Citation Nr: 21068682
Decision Date: 11/12/21	Archive Date: 11/12/21

DOCKET NO. 15-20 081
DATE: November 12, 2021

ORDER

The issue of service connection for left ear hearing loss is dismissed.

The issue of service connection for degenerative joint disease (DJD) is dismissed.

FINDING OF FACT

On June 22, 2021, prior to the promulgation of a decision in the appeal, the Board received notification, through the Veteran's attorney, of his intent to withdraw his appeal of the issues of service connection for left ear hearing loss and DJD before the Board.

CONCLUSION OF LAW

The criteria for withdrawal of the issues of service connection for left ear hearing loss and DJD by the Veteran, through his attorney, have been met. 38 U.S.C. § 7105; 38 C.F.R. § 19.55.

REASONS AND BASES FOR FINDING AND CONCLUSION

The Veteran had active service from June 1966 to January 1970. 

On June 22, 2021, the Veteran, through his attorney, withdrew his appeal of the issues of service connection for left ear hearing loss and DJD. As such, the appeal of these issues is dismissed. 

The issues of service connection for left ear hearing loss and DJD have been withdrawn. 

Under 38 U.S.C. § 7105, the Board may dismiss any appeal that fails to allege specific error of fact or law in the determination being appealed. An appeal may be withdrawn in writing at any time before the Board promulgates a decision. See 38 C.F.R. § 19.55. Withdrawal may be made by the appellant or by his authorized representative. See 38 C.F.R. § 19.55.

On June 22, 2021, the Veteran, through his attorney, notified VA, by written statement, of his request to withdraw his Board appeal of the issues of service connection for left ear hearing loss and DJD, referenced in the April 2021 supplemental statement of the case. 

The Board has no basis to question the validity of the withdrawal or the Veteran's understanding of the consequences of withdrawing the appeal. Cf. Delisio v. Shinseki, 25 Vet. App. 45, 57 (2011) 

There remains no allegation of error of fact or law for appellate consideration. Accordingly, the Board does not have jurisdiction to review the appeal and it is dismissed. 

 

Vito A. Clementi

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	Timothy T. Emmart

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 This decision is not precedential and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.