Citation Nr: 21069049
Decision Date: 11/17/21	Archive Date: 11/17/21

DOCKET NO. 17-43 152
DATE: November 17, 2021

ORDER

Entitlement to service connection for left ear hearing loss is dismissed.

Entitlement to service connection for congestive heart failure (CHF) is dismissed.

Entitlement to service connection for a respiratory disorder, including chronic obstructive pulmonary disease (COPD), is dismissed.

FINDING OF FACT

In August 2021, prior to the promulgation of a decision in the appeal, the Board of Veterans' Appeals (Board) received notification from the Veteran, through his authorized representative, that the Veteran wished to withdraw his appeals for service connection for service connection for left ear hearing loss, service connection for CHF, and service connection for a respiratory disorder.

CONCLUSION OF LAW

The criteria for withdrawal of the appeals for service connection for left ear hearing loss, service connection for CHF, and service connection for a respiratory disorder by the Veteran are met. 38 U.S.C. § 7105; 38 C.F.R. § 19.55.

REASONS AND BASES FOR FINDING AND CONCLUSION

The Veteran served on active duty from November 1976 to December 1980.

1. Entitlement to service connection for left ear hearing loss is dismissed.

2. Entitlement to service connection for CHF is dismissed.

3. Entitlement to service connection for a respiratory disorder, including COPD, is dismissed.

In August 2021, the Veteran's representative submitted a statement to the Board, noting the desire to withdraw the Veteran's entire appeal that was to be addressed at a Board hearing in September 2021 and to cancel the scheduled September hearing.  Notably, the issues to be addressed were the claims for entitlement to service connection for left ear hearing loss, service connection for CHF, and service connection for a respiratory disorder.  The statement was in writing, included the name of the claimant, the claim number, and the statement that the appeal is being withdrawn. As the Board has not yet issued a decision concerning this claim upon receipt of the statement, criteria are met for withdrawal of this appeal. See 38 C.F.R. § 19.55.

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 An appeal may be withdrawn as to any or all issues involved in the appeal at any time before the 

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Board promulgates a decision. 38 C.F.R. § 19.55. Withdrawal may be made by the appellant or by his or her authorized representative. 38 C.F.R. § 19.55. Accordingly, the Board does not have jurisdiction to review these appeals and they are dismissed.

 

S. L. Kennedy

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	J. Costello, 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.