Citation Nr: 21071686
Decision Date: 12/01/21	Archive Date: 12/01/21

DOCKET NO. 18-19 049A
DATE: December 1, 2021

ORDER

Entitlement to a disability rating in excess of 10 percent for service-connected tinnitus is dismissed.

FINDING OF FACT

In an October 20, 2021 statement, prior to the promulgation of a decision in this appeal, the Veteran indicated that he is satisfied with the 10 percent disability rating and wished to withdraw the claim.

CONCLUSION OF LAW

The criteria for withdrawal of the claim of entitlement to a disability rating in excess of 10 percent for service-connected tinnitus by the appellant (or his or her authorized representative) have been met.  38 U.S.C. § 7105; 38 C.F.R. § 19.55.

REASONS AND BASES FOR FINDING AND CONCLUSION

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  An appeal may be withdrawn as to any or all issues involved in the appeal at any time before the Board promulgates a decision.  38 C.F.R. § 19.55.  Withdrawal may be made by the appellant or by his or her authorized representative.  Id.  

In the present case, the Veteran requested that his claim for an increased rating for tinnitus be withdrawn in an October 20, 2021 written statement. The Veteran indicated that he was happy with the current 10 percent disability rating and wished to withdraw the appeal. 

The Board finds that this withdrawal was explicit, unambiguous, and done with full understanding of the consequences of such action.  DeLisio v. Shinseki, 25 Vet. App. 45, 57 (2011). 

As Veteran has withdrawn the appeal of this issue, there remain no allegations of errors of fact or law for appellate consideration.  Accordingly, entitlement to a rating in excess of 10 percent for tinnitus is dismissed.

 

 

John J. Crowley

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	V. Woehlke

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  This decision is not precedential and does not establish VA policies or interpretations of general applicability.  38 C.F.R. § 20.1303.