Citation Nr: 21005675
Decision Date: 02/02/21	Archive Date: 02/02/21

DOCKET NO. 18-48 382
DATE: February 2, 2021

ORDER

Entitlement to service connection for bilateral hearing loss is dismissed.

Entitlement to service connection for tinnitus is dismissed.

Entitlement to service connection for a chronic throat disability is dismissed.

FINDING OF FACT

In a January 2021 written statement, prior to the promulgation of a decision in the appeal, the Veteran specifically requested that the appeal regarding his claims of entitlement to service connection for bilateral hearing loss, tinnitus, and a chronic throat disability be withdrawn, a fact reiterated by his representative in a January 2021 Brief.

CONCLUSION OF LAW

The criteria for dismissal of the Veteran’s claims of entitlement to service connection for bilateral hearing loss, tinnitus, and a chronic throat disability have been met.  38 U.S.C. § 7105; 38 C.F.R. § 19.55.

Introduction

The Veteran served honorably on active duty in the United States Air Force during the Peacetime, from December 1956 to December 1960.

This matter comes before the Board of Veterans’ Appeals (Board) on appeal from a November 2015 Rating Decision issued by the Department of Veterans Affairs (VA) Regional Office (RO) in Columbia, South Carolina.

REASONS AND BASES FOR FINDING AND CONCLUSION

An appeal may be withdrawn as to any or all issues involved in the appeal at any time before the Board promulgates a decision.  38 C.F.R. § 19.55.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 Veteran or his or her duly authorized representative.  Id.  To be effective, the withdrawal must be in writing except when the appeal is withdrawn on the record at a hearing.  Id.  Under 38 C.F.R. § 19.55(b)(1), “[i]f the appeal involves multiple issues, the withdrawal must specify that the appeal is withdrawn in its entirety, or list the issue(s) withdrawn from the appeal.”  Withdrawal of a claim is only effective where the withdrawal is explicit, unambiguous, and done with full understanding of the consequences of such action.  DeLisio v. Shinseki, 25 Vet. App. 45 (2011).

In a signed, written statement dated January 4, 2021, the Veteran requested, “[p]lease cancel and withdraw all issues for [the Veteran].”  The Veteran’s statement was submitted by his duly appointed representative.  The Veteran’s representative reiterated the Veteran’s request in a January 2021 Brief by referencing the Veteran’s prior written request and stating, “[a]fter confirming with the Veteran today …, and on the Veteran’s behalf, the Veteran respectfully withdraws his appeal for bilateral hearing loss, tinnitus, and chronic throat disability.”

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Accordingly, the Board does not have jurisdiction to review the matters on appeal and, thus, the issues must be dismissed. 

 

T. REYNOLDS

Veterans Law Judge

Board of Veterans’ Appeals

Attorney for the Board	E. Worsham, Attorney Advisor

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.