Citation Nr: 21013714
Decision Date: 03/10/21	Archive Date: 03/10/21

DOCKET NO. 20-28 379
DATE: March 10, 2021

ORDER

The appeal for entitlement to service connection for a sinus condition and to a higher disability rating for service-connected bilateral hearing loss is dismissed.

FINDING OF FACT

In January 2021, prior to the promulgation of a decision in this appeal, the Board received notification from the Veteran, through his authorized representative, that a withdrawal of this appeal in its entirety is requested.

CONCLUSION OF LAW

The criteria for withdrawal of an appeal by the Veteran (or his authorized representative) have been met.  38 U.S.C. § 7105; 38 C.F.R. § 19.55.

REASONS AND BASES FOR FINDING AND CONCLUSION

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  An appeal may be withdrawn as to any or all issues involved in the appeal at any time before the Board promulgates a decision.  38 C.F.R. § 19.55.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

In the present case, the Veteran, through his authorized representative, submitted a VA Form 21-4138 in January 2021 in which the Veteran expressed his desire to withdraw “my outstanding appeals” and listed a number of his issues on appeal.  The Board acknowledges that, in listing the issues to be withdrawn, the Veteran did not specify that he was withdrawing his claim for a higher rating for bilateral hearing loss.  However, he stated that he was “good with rating of Unemployability with P&T,” indicating his satisfaction with his overall rating he has been assigned.  In addition, in the cover letter submitted with the Veteran’s VA Form 21-4138, his representative stated that the Veteran is requesting that “all appeals be withdrawn” as the Veteran is satisfied with the 100 percent rating he has been given.  Therefore, the Board finds that the Veteran’s intent was to withdraw all the issues on appeal.  

Therefore, the Board finds that the Veteran has withdrawn this appeal in its entirety.  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.

 

 

M. C. GRAHAM

Veterans Law Judge

Board of Veterans’ Appeals

Attorney for the Board	S.M. Kreitlow

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.