Citation Nr: 21010101
Decision Date: 02/24/21	Archive Date: 02/24/21

DOCKET NO. 12-10 116
DATE: February 24, 2021

ORDER

The appeal seeking a compensable rating for bilateral hearing loss is dismissed.

FINDING OF FACT

In a February 2021 written statement, prior to the promulgation of a decision in the appeal, the Veteran withdrew the appeal seeking a compensable rating for bilateral hearing loss.

CONCLUSION OF LAW

The criteria for withdrawal of the appeal of an increased rating for bilateral hearing loss are met.  38 U.S.C. § 7105 (2012); 38 C.F.R. § 19.55 (2020).

REASONS AND BASES FOR FINDING AND CONCLUSION

The Veteran served on active duty with the United States Navy from October 1974 to October 1978.

This matter is before the Board of Veterans’ Appeals (Board) on appeal from an April 2014 rating decision of a Department of Veterans Affairs (VA) Regional Office (RO).

The Veteran testified before the Board at a hearing in August 2018.  A transcript of the hearing is of record.  Subsequently, the Board remanded the claim for a compensable rating for bilateral hearing loss in February 2019 and August 2020 for additional development.  

Entitlement to a compensable rating for bilateral hearing loss is dismissed.

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  An appeal may be withdrawn as to any or all issues involved in the appeal at any time before the Board promulgates a decision.  38 C.F.R. § 19.55.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.  Except for appeals withdrawn on the record at hearings, the withdrawal must be in writing.  38 C.F.R. § 19.55. 

In a February 2021 written statement, prior to the promulgation of a decision in the appeal, the Veteran’s attorney submitted a written statement that the Veteran wanted to withdraw his appeal seeking a compensable rating for bilateral hearing loss.  As the Veteran has withdrawn the appeal of the issue in accordance with 38 C.F.R. § 19.55, there remains no allegation of error of fact or law for the Board to address.  Accordingly, the Board does not have jurisdiction to review the appeal and it must be dismissed.

 

 

M. SORISIO

Veterans Law Judge

Board of Veterans’ Appeals

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 This decision is not precedential and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.