Citation Nr: 21068808
Decision Date: 11/12/21	Archive Date: 11/12/21

DOCKET NO. 16-53 407
DATE: November 12, 2021

ORDER

Entitlement to a rating in excess of 30 percent for brachial plexus palsy, left, partial secondary to gunshot wound (minor) is dismissed.

Entitlement to service connection for bilateral hearing loss is dismissed.

FINDINGS OF FACT

1. On September 14, 2021, prior to the promulgation of a decision in the appeal, the Board received notification from the Veteran requesting a withdrawal of this appeal to include the claim of entitlement to a rating in excess of 30 percent for brachial plexus palsy, left, partial secondary to gunshot wound (minor).

2. On September 14, 2021, prior to the promulgation of a decision in the appeal, the Board received notification from the Veteran requesting a withdrawal of this appeal to include the claim of entitlement to service connection for bilateral hearing loss.

CONCLUSIONS OF LAW

1. The criteria for withdrawal of a claim for entitlement to a rating in excess of 30 percent for brachial plexus palsy, left, partial secondary to gunshot wound (minor) by the Veteran have been met. 38 U.S.C. § 7105; 38 C.F.R. § 19.55.

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

REASONS AND BASES FOR FINDINGS AND CONCLUSIONS

1. Entitlement to a rating in excess of 30 percent for brachial plexus palsy, left, partial secondary to gunshot wound (minor)

2. Entitlement to service connection for bilateral hearing loss

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  An appeal may be withdrawn as to any or all issues involved in the appeal at any time before the Board promulgates a decision.  38 C.F.R. § 19.55.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.  

In a September 2021 statement, the Veteran stated that he wanted to withdraw his appeal of the claims for an increased rating for brachial plexus palsy and service connection for left ear hearing loss.  Thus, the Veteran has withdrawn this appeal.  There remain no allegations of errors of fact or law for appellate consideration. See VA Form 21-4138 (statement in support of claim) received September 2021. Accordingly, the Board does not have jurisdiction to review the appeal and it is dismissed.

 

 

D. Martz Ames

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	M. Minaya, 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.