Citation Nr: 21072333
Decision Date: 12/02/21	Archive Date: 12/02/21

DOCKET NO. 19-17 424
DATE: December 2, 2021

ORDER

The appeal as to the issue of entitlement to an initial compensable rating for bilateral hearing loss is dismissed.

The appeal as to the issue of entitlement to an initial compensable rating for specific phobia, situational (flying anxiety), is dismissed.

FINDING OF FACT

During the December 2021 Board hearing, the Veteran explicitly, unambiguously, and with a full understanding of the consequences of such action withdrew his appeal as to the issues of entitlement to initial compensable ratings for bilateral hearing loss and specific phobia, situational (flying anxiety). 

CONCLUSION OF LAW

The criteria for withdrawal of an appeal by the Veteran have been met regarding his appellate claims of entitlement to initial compensable ratings for bilateral hearing loss and specific phobia, situational (flying anxiety).  38 U.S.C. § 7105; 38 C.F.R. § 19.55.

REASONS AND BASES FOR FINDING AND CONCLUSION

The Veteran served on active duty in the United States Army from March 1966 to January 1968.  This matter comes before the Board of Veterans' Appeals (Board) on appeal from March and April 2017 rating decisions of the Department of Veterans Affairs (VA) Regional Office (RO).  In December 2021, the Veteran testified before the undersigned Veterans Law Judge. 

The Board may dismiss any appeal that fails to allege a 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  An appeal may be withdrawn as to any or all issues involved in the appeal at any time before the Board promulgates a decision, and withdrawal may be made by the appellant or by his or her authorized representative in writing or on the record during a hearing before the Board.  38 C.F.R. § 19.55.

On the record during the December 2021 Board hearing, the Veteran withdrew the issues of entitlement to initial compensable ratings for bilateral hearing loss and specific phobia, situational.  The undersigned clearly identified the withdrawn issues and explained that by withdrawing his appeal he would not be entitled to increased ratings for his service-connected bilateral hearing loss and acquired psychiatric disorder.  The Veteran's representative and the Veteran affirmed that he was requesting a withdrawal as to these appealed issues.  See December 2021 Board Hearing Transcript at 2.  Thus, the Board finds that the Veteran has withdrawn these issues explicitly, unambiguously, and with a full understanding of the consequences of such action.  Acree v. O'Rourke, 891 F.3d 1009 (Fed. Cir. 2018).

 

As there is no remaining allegation of error of fact or law for appellate consideration regarding these issues, the Board does not have jurisdiction to review them, and they are dismissed.

 

 

S. BUSH

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	K. Forde, 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.