Citation Nr: 21072144
Decision Date: 12/02/21	Archive Date: 12/02/21

DOCKET NO. 19-32 101
DATE: December 2, 2021

ORDER

The appeal for the issue of entitlement to service connection for bilateral hearing loss is dismissed.

FINDING OF FACT

In September 2020 and December 2021, prior to promulgation of a decision in the appeal, the Veteran indicated in writing that he wanted to withdraw his appeal.

CONCLUSION OF LAW

The criteria for withdrawal of an appeal by the Veteran have been met.  38 U.S.C. § 7105; 38 C.F.R. § 19.55.  

REASONS AND BASES FOR FINDING AND CONCLUSION

The Veteran served on active duty from June 1982 to October 1982.  

This matter comes before the Board of Veterans' Appeals (Board) on appeal from an August 2017 rating decision.

The Board notes that the Veteran's appeal originally included the issue of entitlement to service connection for tinnitus.  However, in a September 2019 rating decision, the Regional Office (RO) granted service connection for tinnitus.  The Agency of Original Jurisdiction's (AOJ) grant of service connection constitutes a full award of the benefits sought on appeal.  See Grantham v. Brown, 114 F. 3d 1156, 1158 (Fed. Cir. 1997).  Therefore, that matter is no longer on appeal, and no further consideration is necessary.

Law and Analysis

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  An appeal may be withdrawn as to any or all issues involved in the appeal at any time before the Board promulgates a decision.  38 C.F.R. § 19.55.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

In September 2020 and December 2021, the Veteran indicated in writing that he wanted to withdraw his appeal for the issue of entitlement to service connection for bilateral hearing loss.  Thus, there remain no allegations of errors of fact or law for appellate consideration concerning the issue before the Board.  Accordingly, the Board does not have jurisdiction to review this appeal, and it is dismissed.

 

 

J.W. ZISSIMOS

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	M. Wulff, 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 This decision is not precedential and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.