Citation Nr: 21012909
Decision Date: 03/05/21	Archive Date: 03/05/21

DOCKET NO. 19-25 200
DATE: March 5, 2021

ORDER

The appeal is dismissed.

 

FINDING OF FACT

In February 2021, prior to the promulgation of a Board decision, the Veteran withdrew the appeal.

CONCLUSION OF LAW

The criteria for withdrawal of the appeal have been met.  38 U.S.C. § 7105; 38 C.F.R. § 19.55.

REASONS AND BASES FOR FINDING AND CONCLUSION

The Veteran served on active duty from January 1965 to January 1967.

The case is on appeal from a January 2018 rating decision.  

Service connection for hearing loss. 

Under 38 U.S.C. § 7105, the Board may dismiss any appeal which fails to allege specific error of fact or law in the determination being appealed.  An appeal may be withdrawn by the Veteran or representative on the record at a hearing, or in writing at any time before the Board promulgates a decision.  38 C.F.R. § 19.55.

Prior to attending a Board hearing, the Veteran submitted a statement in February 2021.  The Veteran stated, “Please pull my appeal for hearing loss.”  The Veteran’s representative reiterated this by filing a motion to withdraw the appeal later in March 2021.

The Board finds that the Veteran’s withdrawal of the issue on appeal is “explicit, unambiguous, and done with a full understanding of the consequences of such action on the part of the claimant.”  DeLisio v. Shinseki, 25 Vet. App. 45, 57 (2011); see also Acree v O’Rourke, 891 F.3d 1009 (Fed. Cir. 2018).  The withdrawal of the appeal was an express statement in writing that the Veteran no longer intends to pursue the appeal. 

Therefore, there remain no allegations of errors of fact or law for appellate consideration with regard to this appeal.  Accordingly, the Board does not have jurisdiction to review the appeal and it is dismissed.

 

 

RYAN T. KESSEL

Veterans Law Judge

Board of Veterans’ Appeals

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 This decision is not precedential and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.