Citation Nr: 21006421
Decision Date: 02/04/21	Archive Date: 02/04/21

DOCKET NO. 17-56 253A
DATE: February 4, 2021

ORDER

The petition to reopen the claim for service connection for hypertension is dismissed.

The petition to reopen the claim for service connection for migraines is dismissed.

The petition to reopen the claim for service connection for ischemic heart disease is dismissed.

The issue of entitlement to an increased, compensable disability rating for service-connected bilateral hearing loss is dismissed.

FINDINGS OF FACT

In a January 2021 statement that contains the Veteran's name and claim number, the Veteran, through his attorney, clearly expressed his wish to withdraw all issues on appeal.

CONCLUSIONS OF LAW

1. The criteria for withdrawal of an appeal have been met with respect to the petition to reopen the claim for service connection for hypertension. 38 U.S.C. § 7105; 38 C.F.R. § 20.204.

2. The criteria for withdrawal of an appeal have been met with respect to the petition to reopen the claim for service connection for migraines. 38 U.S.C. § 7105; 38 C.F.R. § 20.204.

3. The criteria for withdrawal of an appeal have been met with respect to the petition to reopen the claim for service connection for ischemic heart disease. 38 U.S.C. § 7105; 38 C.F.R. § 20.204.

4.  The criteria for withdrawal of an appeal have been met with respect to the issue of entitlement to an increased, compensable disability rating for service-connected bilateral hearing loss. 38 U.S.C. § 7105; 38 C.F.R. § 20.204.

REASONS AND BASES FOR FINDINGS AND CONCLUSIONS

The Veteran served on active duty from March 1968 through March 1970.

These matters come before the Board of Veterans’ Appeals (Board) on appeal from a January 2016 rating decision of the Department of Veterans Affairs (VA) Regional Office (RO) in Jackson, Missouri.  

Appeal withdrawals must be in writing, must include the name of the claimant, the applicable claim number, and a statement that the appeal is being withdrawn, and must be received by the Board prior to issuance of a decision on the claim or claims being withdrawn. 38 C.F.R. § 20.204(b).

In a January 2021 written statement which contains the Veteran's name and claim number, the Veteran’s attorney states that the Veteran “is satisfied with the current ratings and wishes to withdraw his legacy appeal” with respect to two Notice of Disagreements (NOD) filed by the Veteran on January 12, 2017.  The Board finds that this statement clearly expresses his wish to withdraw his appeal of the issues currently on appeal before the Board, as listed above. The Veteran's withdrawal was received prior to a decision by the Board on these issues. Accordingly, the criteria for withdrawal of an appeal are satisfied. See 38 C.F.R. § 20.204(b).

When a pending appeal is withdrawn, there is no longer an allegation of error of fact or law with respect to the determination that was appealed. Thus, dismissal of the appeal is appropriate. See 38 U.S.C. § 7105(d). Accordingly, the petition to reopen the claims for service connection for hypertension, migraines, and ischemic heart disease and the claim for an increased, compensable disability rating for service-connected bilateral hearing loss are dismissed.

 

 

P.M. DILORENZO

Veterans Law Judge

Board of Veterans’ Appeals

Attorney for the Board	T. Mohammad

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.