Citation Nr: 21074343
Decision Date: 12/15/21	Archive Date: 12/15/21

DOCKET NO. 20-04 655
DATE: December 15, 2021

ORDER

The appeal is dismissed.

FINDING OF FACT

On November 4, 2021, prior to the promulgation of a decision in the appeal, the Board received notification from the Veteran that a withdrawal of this appeal is requested.

CONCLUSION OF LAW

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

REASONS AND BASES FOR FINDING AND CONCLUSION

The Veteran had active service in the United States Air Force from October 1981 to October 1985. This matter is before the Board of Veterans' Appeals (Board) on appeal from an August 2018 rating decision of the Department of Veterans Affairs (VA) Regional Office (RO). 

Withdrawal

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 An appeal may be withdrawn in writing as to any or all issues involved in the appeal at any time before the Board promulgates a decision. 38 C.F.R. § 19.55.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 a November 2021 written statement, the Veteran stated that he desired to formally withdraw his present appeal and cancel his scheduled hearing. See 11/04/2021, VA 21-4138, Statement in Support of Claim. This written statement contained the Veteran's name, VA claims number, and stated that he wanted to withdraw the appeal, all in accordance with 38 C.F.R. § 19.55(b). 

In the present case, the Veteran has withdrawn his appeal for service connection for bilateral hearing loss. Hence, there remain no allegations of errors of fact or law for appellate consideration as to that matter. Accordingly, the Board does not have jurisdiction to review the above appeal, and it is dismissed. 

 

 

Paul Sorisio

Veterans Law Judge

Board of Veterans' Appeals

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 This decision is not precedential and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.