Citation Nr: 21069931
Decision Date: 11/22/21	Archive Date: 11/22/21

DOCKET NO. 17-28 931
DATE: November 22, 2021

ORDER

A compensable rating for bilateral hearing loss, prior to February 12, 2021, is dismissed.

A rating in excess of 10 percent for bilateral hearing loss, from February 12, 2021, forward, is dismissed.

FINDING OF FACT

On October 22, 2021, prior to the promulgation of a decision in the appeal, the Board received notification from the Veteran, through his authorized representative, that a withdrawal of his appeal for an increased rating for bilateral hearing loss, was requested.

CONCLUSION OF LAW

The criteria for withdrawal for the increased rating claim for bilateral hearing loss have been met.  38 U.S.C. § 7105(b)(2), (d)(5); 38 C.F.R. § 20.204.

REASONS AND BASES FOR FINDING AND CONCLUSION

The Veteran served on active duty from May 1976 to July 1980.  The Veteran testified at a hearing before the undersigned Veterans Law Judge in February 2020.  A transcript of that hearing is of record.

VA received the Veteran's service connection claim for bilateral hearing loss on December 18, 2014.  A September 2015 rating decision granted service connection and assigned a noncompensable rating, effective the date of claim.  The Veteran disagreed with the assigned rating and this appeal ensued.  

This appeal was previously before the Board in June 2020.  The Veteran testified at the February 2020 Board hearing that this hearing had worsened since the July 2019 VA examination.  The Board requested a re-evaluation of his hearing loss.

The Veteran was afforded a VA examination in February 2021.  Given the findings of the February 2021 VA examination, a subsequent February 2021 rating decision granted a 10 percent rating for bilateral hearing loss, effective February 12, 2021.  As such, the Veteran is now in receipt of a staged rating for his bilateral hearing loss.  The Board also finds that the June 2020 Board remand directives have been substantially complied with.  See Stegall v. West, 11 Vet. App. 268, 271 (1998).

However, VA received correspondence from the Veteran's representative on October 22, 2021.  The representative reported that the Veteran had been recently diagnosed with a serious chronic disease and had no more interest in his appeal of the rating assigned for his bilateral hearing loss and the anxiety it has been putting him through.  The representative sought withdrawal of the remaining issue contained in the July 21, 2021 supplemental statement of the case (SSOC).  The Board notes that the July 2021 SSOC adjudicated only one issue, the increased rating claim for bilateral hearing loss, both before and after February 12, 2021.  

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. § 20.204.  Withdrawal may be made by the Veteran or by his authorized representative.  38 C.F.R. § 20.204.  Here, the Veteran, through his authorized representative, has withdrawn the appeal, as to the increased ratings claim for a compensable rating for bilateral hearing loss, prior to February 12, 2021, and 10 percent thereafter.  As such, there remain no allegations of errors of fact or law for appellate consideration.  

Accordingly, the Board does not have jurisdiction to review the appeal, and the increased rating claim for bilateral hearing loss is dismissed.

 

 

MATTHEW W. BLACKWELDER

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	E. Fu, 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.