Citation Nr: 21072460
Decision Date: 12/03/21	Archive Date: 12/03/21

DOCKET NO. 16-19 427
DATE: December 3, 2021

ORDER

Entitlement to service connection for right ear hearing loss has been withdrawn.

FINDING OF FACT

At the November 2021 Board hearing, the Veteran withdrew the issue of entitlement to service connection for right ear hearing loss.

CONCLUSION OF LAW

The criteria for withdrawal of Entitlement to service connection for right ear hearing loss by the Veteran (or his or her authorized representative) have been met.  38 U.S.C. § 7105; 38 C.F.R. § 19.55; Acree v. O'Rourke, 891 F.3d 1009 (Fed. Cir. 2018).

REASONS AND BASES FOR FINDING AND CONCLUSION

The Veteran served on active duty in the United States Air Force from February 1968 to February 1972, to include service in Vietnam. 

This matter come before the Board of Veterans' Appeals (Board) on appeal from a September 2010 rating decision of the Department of Veterans Affairs (VA) Regional Office (RO).  

The Veteran presented sworn testimony at a hearing before the undersigned in April 2018.

The Board remanded this matter in July 2021 for further development.

1. Entitlement to service connection for right ear hearing loss.

The Board may dismiss any appeal that 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  An appeal may be withdrawn as to any or all issues involved in the appeal at any time before the Board promulgates a decision. 38 C.F.R. § 19.55.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 on the record during a hearing before the Board or in writing.  38 C.F.R. § 20.204(b).

Here, the Veteran withdrew the issue of entitlement to right ear hearing loss at the November 2021 Board hearing.  The undersigned clearly identified the withdrawn issue, and the Veteran's representative affirmed that he was requesting a withdrawal as to this appealed issue.  

In light of the foregoing, the Board finds the Veteran has explicitly, unambiguously, and with a full understanding of the consequences withdrawn this issue.  See, Acree v. O'Rourke, 891 F.3d 1009 (Fed. Cir. 2018).  

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As there is no remaining allegation of error of fact or law for appellate consideration regarding this issue, the Board does not have jurisdiction to review it, and it is dismissed.

 

 

STEVEN D. REISS

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	Keeley, Brian

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.