Citation Nr: 21071351
Decision Date: 11/30/21	Archive Date: 11/30/21

DOCKET NO. 19-24 537
DATE: November 30, 2021

ORDER

Entitlement for an increased rating for bilateral hearing loss, rated initially as 10 percent disabling, and as 20 percent disabling from March 25, 2017 is dismissed.   

FINDING OF FACT

In an August 23, 2021 correspondence, prior to the promulgation of a decision in the appeal, the Veteran in writing through his representative, withdrew the issue of entitlement for an increased rating for bilateral hearing loss, rated initially as 10 percent disabling, and as 20 percent disabling from March 25, 2017.  

CONCLUSION OF LAW

The criteria for withdrawal of entitlement for an increased rating for bilateral hearing loss, rated initially as 10 percent disabling, and as 20 percent disabling from March 25, 2017 have not been met. 38 U.S.C. § 7105; 38 C.F.R. § 20.205. 

REASONS AND BASES FOR FINDING AND CONCLUSION

The Veteran served on active duty in the U.S. Army from November 1952 to September 1954 including service in Korea.

This matter comes before the Board of Veterans' Appeals (Board) on appeal from a March 2018 rating decision by the Department of Veterans Affairs (VA) Regional Office (RO).  

In addition, the Board acknowledges that the Veteran's representative withdrew from representation on September 10, 2021.   

Hearing Loss-Increased Rating

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 (2012).  An appeal may be withdrawn as to any or all issues involved in the appeal at any time before the Board promulgates a decision. 38 C.F.R. § 20.204 (2021).  Withdrawal may be made by the appellant or by his or her authorized representative. 38 C.F.R. § 20.204.  In the present case, the Veteran through his authorized representative has withdrawn the issue regarding entitlement for an increased rating for bilateral hearing loss, rated initially as 10 percent disabling, and as 20 percent disabling from March 25, 2017, hence, there remains no allegations of errors of fact or law for appellate consideration with respect to this issue.

Accordingly, the Board does not have jurisdiction to review this issue and it is dismissed. 

 

J.W. FRANCIS

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	E. Long-Ellis, 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.