Citation Nr: 21070675 Decision Date: 11/24/21 Archive Date: 11/24/21 DOCKET NO. 20-08 341 DATE: November 24, 2021 ORDER The application to reopen the previously denied claim of entitlement to service connection for bilateral hearing loss is dismissed. FINDING OF FACT Prior to the promulgation of a decision regarding the issue of whether new and material evidence has been received to reopen the previously denied claim of entitlement to service connection for bilateral hearing loss, the Veteran requested a withdrawal of the appeal of this issue. CONCLUSION OF LAW The criteria for withdrawal of the appeal regarding the issue of whether new and material evidence has been received to reopen the previously denied claim of entitlement to service connection for bilateral hearing loss are met. 38 U.S.C. § 7105 (d)(5); 38 C.F.R. § 20.204. REASONS AND BASES FOR FINDING AND CONCLUSION The Veteran served on active duty from August 1962 to February 1963 and from January 1965 to May 1965. This matter comes before the Board of Veterans' Appeals (Board) on appeal from a November 2018 rating decision of the Department of Veterans Affairs (VA) Regional Office (RO). Jurisdiction is currently with the RO in Cleveland, Ohio. Service connection for tinnitus was granted in a May 2020 rating decision. The Board finds that this grant represents a complete grant of the benefits sought on appeal; thus, the aforementioned issue is no longer before the Board. See Grantham v. Brown, 114 F.3d 1156, 1158-59 (Fed. Cir. 1997) (holding that where an appealed claim for service connection is granted during the pendency of the appeal, a second notice of disagreement must thereafter be timely filed to initiate appellate review of the claim concerning "downstream" issues, such as the compensation level assigned for the disability and the effective date); see also 38 C.F.R. § 20.200. Withdrawal of Issue on Appeal 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 An appeal may be withdrawn as to any or all issues involved in the appeal at any time before the Board promulgates a decision. 38 C.F.R. § 20.205.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may be made by the appellant or by his or her authorized representative and must be in writing, except for appeals withdrawn on the record at a hearing. Id. The withdrawal must include the name of the veteran, the name of the claimant or appellant if other than the veteran (e.g., a veteran's survivor, a guardian, or a fiduciary appointed to receive VA benefits on an individual's behalf), the applicable Department of Veterans Affairs file number, and a statement that the appeal is withdrawn. Id. Here, in an October 2021 correspondence, the Veteran requested to withdraw the issue of whether new and material evidence has been received to reopen the previously denied claim of entitlement to service connection for bilateral hearing loss. See October 2021 Correspondence. The withdrawal is in writing, includes the Veteran's name and clearly expresses the intent to withdraw the appeal. The Board finds that this communication reflects an explicit and unambiguous withdrawal of the Veteran's claim and demonstrates a full understanding of the effect of such withdrawal. The Board acknowledges that the Veteran's October 2021 correspondence did not include his Veterans Affairs file number. However, the Veteran's representative confirmed the Veteran's request to withdraw in a November 2021 Motion to Withdraw Appeal which included the Veteran's file number. Therefore, there remain no allegations of errors of fact or law for appellate consideration on this issue. Accordingly, the Board does not have jurisdiction to review the appeal of this claim, and it is dismissed. S.C. Krembs Veterans Law Judge Board of Veterans' Appeals Attorney for the Board J. Smith-Jennings, 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.