Citation Nr: 21024477
Decision Date: 04/22/21	Archive Date: 04/22/21

DOCKET NO. 11-12 184
DATE: April 22, 2021

ORDER

Entitlement to an increased disability evaluation in excess of 10 percent disabling for fractured left distal tibia (medial malleolus), postoperative is dismissed.

Entitlement to an increased disability evaluation in excess of 10 percent disabling for internal derangement, right ankle, postoperative is dismissed.

Entitlement to service connection for bilateral hearing loss is dismissed.

FINDING OF FACT

On August 2, 2020, prior to the promulgation of a decision in the appeal, the Board received notification from the Veteran requesting a withdrawal of his claims for service connection for bilateral hearing loss, and for increased ratings for his service-connected fractured left distal tibia, and right ankle disabilities. 

CONCLUSIONS OF LAW

1. The criteria for dismissal of entitlement to an increased disability evaluation in excess of 10 percent disabling for fractured left distal tibia (medial malleolus), postoperative have been met.  38 U.S.C. § 7105; 38 C.F.R. § 19.55.

2. The criteria for dismissal of entitlement to an increased disability evaluation in excess of 10 percent disabling for internal derangement, right ankle, postoperative have been met.  38 U.S.C. § 7105; 38 C.F.R. § 19.55.

3. The criteria for dismissal of entitlement to service connection for bilateral hearing loss have been met.  38 U.S.C. § 7105; 38 C.F.R. § 19.55.

REASONS AND BASES FOR FINDINGS AND CONCLUSIONS

The Veteran had active duty service from August 1988 to June 1992.

This matter comes before the Board of Veterans’ Appeals (Board) from a July 2010 rating decision issued by a Department of Veterans Affairs (VA) Regional Office (RO).

Dismissal

1. Entitlement to an increased disability evaluation in excess of 10 percent disabling for fractured left distal tibia (medial malleolus), postoperative

2. Entitlement to an increased disability evaluation in excess of 10 percent disabling for internal derangement, right ankle, postoperative

3. Entitlement to service connection for bilateral hearing loss

Per an August 2020 correspondence, the Veteran indicated that he wished to withdraw his appeal as to service connection for bilateral hearing loss, and for increased ratings for his service-connected fractured left distal tibia, and right ankle disabilities. The Board may dismiss any appeal that 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. Withdrawal may be made by the Veteran or by his or her authorized representative. An appeal may be withdrawn on the record during a hearing or in writing at any time before the Board promulgates a decision. 38 C.F.R. § 19.55. With regard to the issues withdrawn by the Veteran in writing, there remains no allegations of error of fact or law for appellate consideration. Id. Accordingly, the Board does not have jurisdiction to review this appeal, and it is therefore dismissed. 

 

Bethany L. Buck

Veterans Law Judge

Board of Veterans’ Appeals

Attorney for the Board	S.R. Fey, 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.