Citation Nr: 21006066
Decision Date: 02/03/21	Archive Date: 02/03/21

DOCKET NO. 19-11 925
DATE: February 3, 2021

ORDER

The appeal is dismissed.

FINDING OF FACT

In September 2020, prior to the promulgation of a decision in the appeal, the Veteran reported his request to withdraw his appeal, which consists of pending claims for entitlement to service connection for bilateral hearing loss and tinnitus.

CONCLUSION OF LAW

The criteria for withdrawal of the appeal with respect to the issues of entitlement to service connection for bilateral hearing loss and tinnitus have been met.  38 U.S.C. § 7105(d)(5) (2012); 38 C.F.R. § 19.55 (2019).

REASONS AND BASES FOR FINDING AND CONCLUSION

The Veteran served on active duty in the United States Air Force from October 1961 to October 1965.

The Veteran requested a video conference hearing before the Board and was scheduled for such hearing in June 2020 and on September 22, 2020.  The Veteran’s request to withdraw his hearing request was received on September 4, 2020.

The Board may dismiss any appeal which fails to allege specific error of fact or law in the determination being appealed.  See 38 U.S.C. § 7105(d)(5).  A substantive appeal may be withdrawn at any time before the Board promulgates a decision and must be in writing except for appeals withdrawn on the record at a hearing.  38 C.F.R. § 19.55.  

In a September 2020 correspondence, prior to the promulgation of a decision in the appeal, the Veteran reported his request to “cancel [his] cla[im].”  As of this date, the current appeal consists of pending claim for entitlement to service connection for bilateral hearing loss and tinnitus.  As the Veteran has withdrawn his appeal of these issues, there remains no allegation of error of fact or law for appellate consideration.  Accordingly, the Board does not have jurisdiction to review the appeal of these issues, and they are dismissed.

 

 

D. Martz Ames

Veterans Law Judge

Board of Veterans’ Appeals

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 This decision is not precedential and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.