Citation Nr: 21008973
Decision Date: 02/18/21	Archive Date: 02/18/21

DOCKET NO. 13-26 374
DATE: February 18, 2021

ORDER

The issue of service connection for a right hand injury is dismissed.

The issue of service connection for a right ear injury/hearing loss is dismissed.

The issue of service connection for a frontal lobe injury is dismissed.

FINDINGS OF FACT

1. In an August 2019 statement, prior to the promulgation of a decision in the appeal, the Veteran requested to withdraw his claim of service connection for a right hand injury.

2. In an August 2019 statement, prior to the promulgation of a decision in the appeal, the Veteran requested to withdraw his claim of service connection for a right ear injury/hearing loss injury.

3. In an August 2019 statement, prior to the promulgation of a decision in the appeal, the Veteran requested to withdraw his claim of service connection for a frontal lobe injury.

CONCLUSIONS OF LAW

1. The criteria for withdrawal of an appeal of the issue of service connection for a right hand injury have been met.  38 U.S.C. § 7105(b)(2), (d)(5); 38 C.F.R. § 20.204.

2. The criteria for withdrawal of an appeal of the issue of service connection for a right ear injury/hearing loss have been met.  38 U.S.C. § 7105(b)(2), (d)(5); 38 C.F.R. § 20.204.

3. The criteria for withdrawal of an appeal of the issue of service connection for a frontal lobe injury have been met.  38 U.S.C. § 7105(b)(2), (d)(5); 38 C.F.R. § 20.204.

REASONS AND BASES FOR FINDINGS AND CONCLUSIONS

The Veteran served on active duty from August 1983 to July 1987 and from February 1991 to August 1993.  The Veteran was scheduled for a Board hearing in August 2019.  An August 2019 correspondence from the Veteran’s representative reflects the Veteran withdrew his hearing request.

Dismissal

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  An appeal may be withdrawn as to any or all issues involved in the appeal at any time before the Board promulgates a decision.  38 C.F.R. § 20.204.  Withdrawal may be made by the appellant or by his or her authorized representative.  38 C.F.R. § 20.204.

In an August 2019 statement, prior to the promulgation of a decision in the appeal, the Veteran withdrew his appeal as to the issues of service connection for right hand injury, right ear injury/hearing loss, and frontal lobe injury.  Hence, there remain no allegations of errors of fact or law for appellate consideration as to these issues.  Accordingly, the Board does not have jurisdiction to review the appeal of the issues, and they are dismissed.

 

 

JAMES L. MARCH

Veterans Law Judge

Board of Veterans’ Appeals

Attorney for the Board	S. Griffith

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.