Citation Nr: 21068914 Decision Date: 11/15/21 Archive Date: 11/15/21 DOCKET NO. 17-53 524 DATE: November 15, 2021 ORDER Entitlement to service connection for bilateral hearing loss is granted. Entitlement to service connection for obstructive sleep apnea has been withdrawn. FINDINGS OF FACT 1. The Veteran currently has bilateral hearing loss, was exposed to acoustic trauma during his active-duty service, and has shown continuity of symptomatology. 2. On November 03, 2021, prior to the promulgation of a decision in the appeal, the Veteran requested to withdraw the issue of entitlement to service connection for sleep apnea. CONCLUSIONS OF LAW 1. The criteria for service connection for bilateral hearing loss have been met. 38 U.S.C. §§ 1110, 5107; 38 C.F.R. §§ 3.102, 3.159, 3.303, 3.307, 3.309, 38 C.F.R. § 3.655 (b), 3.385. 2. The criteria for withdrawal of the claim for entitlement to service connection for sleep apnea by the Veteran are met. 38 U.S.C. § 7105; 38 C.F.R. § 20.205. REASONS AND BASES FOR FINDINGS AND CONCLUSIONS The Veteran served on active duty from June 1971 to June 1991. This matter comes before the Board of Veterans' Appeals (Board) on appeal from a July 2015 rating decision. In a September 2017 rating decision, service connection for lumbosacral degenerative disc disease was granted. This represents a full grant of the benefits sought, and the issue is no longer in appellate status. Service Connection 1. Entitlement to service connection for bilateral hearing loss is granted. In this case, the Board finds that the first two elements needed for establishing service connection have been satisfied as there is evidence of a current disability and in-service incurrence. The record reflects bilateral hearing loss that is considered a disability for VA purposes. The Veteran was diagnosed with bilateral sensorineural hearing loss in a June 2015 VA examination. In addition, the Veteran's DD Form-214 shows that he was a machinist and track vehicle repairer for several years. The Veteran was likely exposed to noise from vehicles and repair machinery. The Board is willing to concede noise exposure in service. Regarding the third element, a medical nexus, the evidence consists of a June 2015 VA audiologist's opinion and the lay statements of the Veteran. The VA audiologist opined that the Veteran's bilateral hearing loss was less likely as not due to military service. The audiologist noted that the Veteran's hearing was within normal limits upon military entrance and military separation. He also noted that there were no significant shifts in hearing throughout the Veteran's service and that he had experienced noise exposure as a civilian. The Veteran's statements regarding continuity of symptomatology are competent and credible. When compared with the opinion of the VA audiologist, the Board finds that the Veteran's statements are in relative equipoise. If the evidence is supportive or is in relative equipoise, then the Veteran prevails. Thus, service connection for bilateral hearing loss based upon continuity of symptomatology is granted. 2. Entitlement to service connection for obstructive sleep apnea has been withdrawn. 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. § 20.205. Withdrawal may be made by the appellant or by his or her authorized representative. 38 C.F.R. § 20.205. In the present case, the Veteran requested to withdraw his claim of entitlement to service connection for obstructive sleep apnea during the November 2021 hearing. The withdrawal was explicit, unambiguous, and done with a full understanding of the consequences of such action on the part of the claimant. DeLisio v. Shinseki, 25 Vet. App. 45, 57 (2011); see Acree v. O'Rourke, 891 F.3d 1009, 1014 (Fed. Cir. 2018). Hence, there remains no allegations of errors of fact or law for appellate consideration for the above issue. Accordingly, the Board does not have jurisdiction to review the appeal for entitlement to service connection for sleep apnea and the issue is dismissed. H.M. WALKER Veterans Law Judge Board of Veterans' Appeals Attorney for the Board AK 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.