Citation Nr: 21008192
Decision Date: 02/11/21	Archive Date: 02/11/21

DOCKET NO. 20-04 641
DATE: February 11, 2021

ORDER

Entitlement to service connection for hearing loss, right ear, is dismissed.

Entitlement to service connection for hearing loss, left ear, is dismissed.

Entitlement to service connection for erectile dysfunction is dismissed.

FINDING OF FACT

In February 2021, prior to promulgation of a decision with respect to this appeal, the Veteran’s representative submitted a statement requesting to withdraw all issues on appeal.

CONCLUSIONS OF LAW

1. The criteria for withdrawal of entitlement to service connection for hearing loss, right ear, have been met. 38 U.S.C. § 7105; 38 C.F.R. § 19.55.

2. The criteria for withdrawal of entitlement to service connection for hearing loss, left ear, have been met. 38 U.S.C. § 7105; 38 C.F.R.§ 19.55.

3. The criteria for withdrawal of entitlement to service connection for erectile dysfunction have been met. 38 U.S.C. § 7105; 38 C.F.R. § 19.55.

REASONS AND BASES FOR FINDING AND CONCLUSIONS

The Veteran served on active duty from August 1966 to August 1969. 

This matter comes before the Board of Veterans’ Appeals (Board) on appeal of a September 2017 rating decision by a Department of Veterans Affairs (VA) Regional Office (RO).

In his January 2020 substantive appeal to the Board, via VA Form 9, the Veteran requested a Travel Board hearing at his local VA office. During a December 2020 telephone conversation, he elected a tele-hearing instead of a Travel Board hearing. He was scheduled for the requested tele-hearing in February 2021. However, in a February 2021 statement, the Veteran’s representative withdrew the hearing request. See February 2021 VA Form 21-4138, Statement in Support of Claim. Therefore, the Board considers the hearing request withdrawn. 38 C.F.R. § 20.704(e).

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

2. Entitlement to service connection for hearing loss, left ear.

3. Entitlement to service connection for erectile dysfunction.

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 An appeal may be withdrawn as to any or all issues involved in the appeal at any time before the Board promulgates a decision. 38 C.F.R. § 19.55. A withdrawal may be made by the appellant or his or her authorized representative. Id. 

In this case, in a February 2021 statement, the Veteran’s representative requested to withdraw all claims remaining on appeal. See February 2021 VA Form 21-4138, Statement in Support of Claim. Hence, there remain no allegations of error of fact or law for appellate consideration. 

Accordingly, the Board does not have jurisdiction to review the appeal and the issues of entitlement to service connection for hearing loss, right ear; entitlement to service connection for hearing loss, left ear; and entitlement to service connection for erectile dysfunction are dismissed. 38 C.F.R. § 19.55. 

 

 

M. Donohue

Veterans Law Judge

Board of Veterans’ Appeals

Attorney for the Board	Amanda Baker, 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.