Citation Nr: 21008356
Decision Date: 02/16/21	Archive Date: 02/16/21

DOCKET NO. 17-36 946
DATE: February 16, 2021

ORDER

The appeal of the issue of entitlement to service connection for bilateral hearing loss is dismissed.

The appeal of the issue of entitlement to service connection for tinnitus is dismissed.

FINDING OF FACT

Prior to the promulgation of a decision, in a February 2021 correspondence, the Veteran’s representative withdrew all issues on appeal.

CONCLUSIONS OF LAW

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

2. The criteria for withdrawal of the issue of entitlement to service connection for tinnitus 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 October 2004 to October 2008.

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

In his July 2017 substantive appeal, the Veteran requested a hearing before the Board.  However, a note in the Appeals Control and Locator System (VACOLS) indicates that the Veteran canceled his hearing because his rating increased.

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  An appeal may be withdrawn as to any or all issues involved in the appeal at any time before the Board promulgates a decision.  38 C.F.R. § 19.55.  Withdrawal may be made by the Veteran or by his authorized representative.  38 C.F.R. § 19.55.  In the present case, in February 2021, the Veteran, through his representative, has withdrawn this appeal and, hence, there remain no allegations of errors of fact or law for appellate consideration.  Accordingly, the Board does not have jurisdiction to review the appeal and it is dismissed.

 

 

C. CRAWFORD

Veterans Law Judge

Board of Veterans’ Appeals

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 This decision is not precedential and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.