Citation Nr: 21069946
Decision Date: 11/22/21	Archive Date: 11/22/21

DOCKET NO. 16-21 638
DATE: November 22, 2021

ORDER

Entitlement to a compensable disability rating for bilateral hearing loss prior to September 17, 2020, and in excess of 60 percent thereafter, is dismissed.

Entitlement to service connection for hypertension (HTN) is dismissed.

FINDING OF FACT

In November 2021, prior to the promulgation of a decision by the Board, the Veteran, through his attorney, submitted a correspondence stating that he wished to withdraw all remaining issues currently on appeal. 

CONCLUSIONS OF LAW

1. The criteria for withdrawal of entitlement to a compensable disability rating for bilateral hearing loss prior to September 17, 2020 and in excess of 60 percent thereafter by the appellant and his attorney have been met.  38 U.S.C. § 7105; 38 C.F.R. § 19.55.

2. The criteria for withdrawal of entitlement to service connection for hypertension (HTN) by the appellant and his attorney have been met.  38 U.S.C. § 7105; 38 C.F.R. § 19.55.

REASONS AND BASES FOR FINDING AND CONCLUSIONS

The Veteran had active duty service with the Navy from March 1967 to October 1968. This case comes before the Board of Veteran's Appeals (Board) on appeal from an August 2015 rating decision of the Department of Veterans Affairs (VA) agency of original jurisdiction (AOJ). 

In March 2019, the Veteran had a Board hearing before the undersigned Veterans Law Judge (VLJ). A transcript of that hearing is of record.

Withdrawal

An appeal may be withdrawn in writing at any time before the Board promulgates a decision. Withdrawal may be made by the Veteran or by his authorized representative. 38 C.F.R. § 19.55(a).

On November 2021 appeals satisfaction notice correspondence, the Veteran, through his attorney, indicated that he wished to withdraw his remaining issues on his most recent Supplemental Statement of the Case (SSOC). Based on the decision rendered, he was satisfied and wish to withdraw all remaining issues associated with his appeal. By signing and submitting this correspondence, he requested to withdraw all remaining issues contained in his most recent SSOC (September 2021 SSOC) and asked that the AOJ discontinue further development actions associated with his appeal. The issues listed on that SSOC were evaluation of hearing loss and service connection of hypertension. The Veteran's attorney expressed, on behalf of the Veteran, clear intent to withdraw the entirety of the claims currently on appeal.

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A withdrawal is effective when received by the Board. 38 C.F.R. § 19.55(b)(3). As the Veteran has properly withdrawn the appeal prior to a final Board decision, the Board no longer has appellate jurisdiction and can take no further action on this matter. 38 C.F.R. §§ 20.202, 20.204(b).

 

 

WILLIAM H. DONNELLY

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	S. Baxter

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.