Citation Nr: 21072366
Decision Date: 12/03/21	Archive Date: 12/02/21

DOCKET NO. 18-55 133
DATE: December 3, 2021

ORDER

Entitlement to restoration of a 40 percent evaluation for bilateral hearing loss since March 1, 2018, is dismissed.

FINDING OF FACT

In October 2021, prior to the promulgation of a decision in the appeal, the Veteran submitted correspondence stating that he wished to withdraw from appellate review his claim of entitlement to restoration of a 40 percent evaluation for bilateral hearing loss.

CONCLUSION OF LAW

The criteria for withdrawal of an appeal are been met; the Board does not have appellate jurisdiction to review the claim of entitlement to restoration of a 40 percent evaluation for bilateral hearing loss.  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 Navy from January 1956 to November 1959. This case is before the Board of Veterans' Appeals (Board) on appeal from a February 2017 rating decision of the agency of original jurisdiction (AOJ) of the United States Department of Veterans Affairs (VA). 

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  An appeal may be withdrawn as to any or all issues involved in the appeal at any time before the Board promulgates a decision.  38 C.F.R. § 19.55.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.  38 C.F.R. § 19.55.  In the present case, the Veteran submitted correspondence stating that he wished to withdraw from appellate review his claim of entitlement to restoration of a 40 percent evaluation for bilateral hearing loss; the requirements for withdrawal are met. Hence, there remain no allegations of errors of fact or law for appellate consideration.  Accordingly, the Board does not have jurisdiction to review the appeal and it is dismissed.

 

 

WILLIAM H. DONNELLY

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	Lauren Barletta

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 This decision is not precedential and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.