Citation Nr: 21023890
Decision Date: 04/21/21	Archive Date: 04/21/21

DOCKET NO. 14-40 933
DATE: April 21, 2021

ORDER

Entitlement to a compensable rating for a bilateral hearing loss disability prior to January 27, 2021 is dismissed.

Entitlement to a rating higher than 40 percent for a bilateral hearing loss disability since January 27, 2021 is dismissed. 

FINDING OF FACT

In February 2021, the Veteran withdrew his appeal.

CONCLUSION OF LAW

The criteria for withdrawal of an appeal have been met. 38 C.F.R. § 20.205.

REASONS AND BASES FOR FINDING AND CONCLUSION

The Veteran served from November 1977 to March 1994 with the U.S. Army.

This matter is before the Board of Veterans’ Appeals (Board) on appeal from a September 2011 rating decision of a Department of Veterans Affairs (VA) Regional Office. The matter was previously before the Board in October 2018 and September 2020, where it was remanded for additional development. The below is in response to mail dated February 17, 2021 in which the Veteran withdrew his appeal.

1. Entitlement to a compensable rating for a bilateral hearing loss disability prior to January 27, 2021.

2. Entitlement to a rating higher than 40 percent for a bilateral hearing loss disability since January 27, 2021

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 An appeal may be withdrawn as to any or all issues involved in the appeal at any time before the Board promulgates a decision. 38 C.F.R. § 20.205. Withdrawal may be made by the appellant or by his or his authorized representative. 38 C.F.R. § 20.205. 

In the present case, the Veteran responded to the February 2021 SSOC that provided a partial grant of benefits by submitting the Appeals Satisfaction Notice the same moth. This form is properly completed and signed and provides that the Veteran is withdrawing all remaining issues in appellate status. On this basis, the appeal before the Board is dismissed by the effective withdrawal of the claims in appellate status. 

 

 

Nathaniel Doan

Veterans Law Judge

Board of Veterans’ Appeals

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 This decision is not precedential and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.