Citation Nr: 21023710 Decision Date: 04/21/21 Archive Date: 04/21/21 DOCKET NO. 18-01 612 DATE: April 21, 2021 ORDER The appeal for entitlement to a compensable rating for residuals fracture, right foot, is dismissed. The appeal for entitlement to service connection for back condition is dismissed. The appeal for entitlement to a rating in excess of 10 percent for hearing loss is dismissed. FINDINGS OF FACT 1. On May 27, 2020, prior to the promulgation of a decision in the appeal, the Board received notification from the Veteran that a withdrawal of his appeal for an increased rating for hearing loss is requested. 2. On April 15, 2021, prior to the promulgation of a decision in the appeal, the Board received notification from the Veteran that a withdrawal of his appeals for service connection for back condition and an increased rating for residuals fracture, right foot, is requested. CONCLUSION OF LAW The criteria for withdrawal of an appeal by the Veteran are met. 38 U.S.C. § 7105(b)(2), (d)(5); 38 C.F.R. § 19.55. REASONS AND BASES FOR FINDINGS AND CONCLUSION The Veteran served on active duty from October 1966 to March 1967, with additional service in the National Guard. This matter comes before the Board of Veterans’ Appeals (Board) on appeal from February 2017 (back and foot) and April 2017 (hearing loss) rating decisions of the Department of Veterans Affairs (VA) Regional Office (RO). Withdrawal 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 An appeal may be withdrawn as to any or all issues involved in the appeal at any time before the Board promulgates a decision. 38 C.F.R. § 19.55(a). Appeal withdrawals must include the name of the veteran, the applicable Department of Veterans Affairs file number, and a statement that the appeal is withdrawn. 38 C.F.R. § 19.55(b). In a May 2020 written correspondence from the Veteran to the VA, the Veteran stated that he desired to formally withdraw his appeal for an increased rating for hearing loss. The Veteran signed and dated this document and include his VA file number. 05/27/2020, VA 21-4138. And, in an April 2021 written correspondence from the Veteran to the VA, the Veteran stated that he desired to formally withdraw his appeals for service connection for back condition and an increased rating for residuals fracture, right foot. The Veteran signed and dated this document and included his VA file number. 04/21/2021, VA 21-4138. See Hembree v. Wilkie, 33 Vet. App. 1 (2020) (holding that, unlike an oral withdraw at a hearing, a written withdrawal request does not require full understanding of the consequences of such action on the part of the claimant, but needs to comply with the applicable regulation). In the present case, the Veteran has withdrawn his appeals for service connection for back condition and increased ratings for hearing loss and residuals fracture, right foot. Accordingly, the Board does not have jurisdiction to review the above listed issues, and they are dismissed. Paul Sorisio Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board David Han 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.