Citation Nr: 21025199 Decision Date: 04/27/21 Archive Date: 04/27/21 DOCKET NO. 16-34 525 DATE: April 27, 2021 ORDER Entitlement to service connection for right ear hearing loss is dismissed. Entitlement to a disability rating in excess of 20 percent for diabetes mellitus, type II (DM) is dismissed. FINDINGS OF FACT 1. In an October 2020 statement, and prior to the Board promulgating a decision, the Veteran withdrew his pending appeal of entitlement to service connection for right ear hearing loss. 2. In an October 2020 statement, and prior to the Board promulgating a decision, the Veteran withdrew his pending appeal of entitlement to a disability rating in excess of 20 percent for DM. CONCLUSIONS OF LAW 1. The criteria for withdrawal of entitlement to service connection for right ear hearing loss by the appellant or his authorized representative have been met. 38 U.S.C. § 7105; 38 C.F.R. § 19.55. 2. The criteria for withdrawal of entitlement to a disability rating in excess of 20 percent for DM by the appellant or his authorized representative have been met. 38 U.S.C. § 7105; 38 C.F.R. § 19.55. REASONS AND BASES FOR FINDINGS AND CONCLUSIONS The Veteran served on active duty from January 1970 to May 1972. These matters come to the Board of Veterans’ Appeals (Board) on appeal from September 2014 and July 2016 rating decisions issued by the Department of Veterans’ Affairs (VA) Regional Office (RO). By way of background, the RO continued a denial of service connection for bilateral hearing loss in the September 2014 rating decision from which the Veteran timely appealed. During the pendency of the appeal, the RO granted service connection for left ear hearing loss in a July 2016 rating decision. The RO’s award of service connection for this claim constitutes a full grant of the service connection benefit sought; thus, this issue is no longer before the Board. Grantham v. Brown, 114 F.3d 1156, 1158-59 (Fed. Cir. 1997). Thereafter, the Veteran’s remaining pending appeal for right ear hearing loss was certified to the Board. In a July 2016 rating decision, the RO continued a 20 percent disability rating for DM and separate 20 percent disability ratings for peripheral neuropathy of the left and right lower extremities. The Veteran timely appealed prompting the RO’s July 2016 Statement of the Case. In an August 2016 VA Form 9, the Veteran only appealed the issue of increased rating for DM thereby conferring jurisdiction of only this issue to the Board. The Board has limited the discussion below to the relevant evidence required to support its finding of fact and conclusion of law, as well as to the specific contentions regarding the case as raised directly by the Veteran and those reasonably raised by the record. See Scott v. McDonald, 789 F.3d 1375, 1381 (Fed. Cir. 2015); Robinson v. Peake, 21 Vet. App. 545, 552 (2008). 1. Entitlement to service connection for right ear hearing loss is dismissed. 2. Entitlement to a disability rating in excess of 20 percent for DM is dismissed. 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. Id. A written withdrawal of an appeal must include the name of the Veteran, the name of the claimant or appellant if other than the Veteran, the application VA file number, and a statement that the appeal is withdrawn. 38 C.F.R. § 20.205. If the appeal involves multiple issues, the withdrawal must specify that the appeal is withdrawn in its entirety, or list the issues withdrawn from the appeal. Id. 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. In the present case, the appellant, through his authorized representative, has withdrawn these appeals. Thus, there remain no allegations of errors of fact or law for appellate consideration. The Veteran’s representative submitted an October 2020 Appellate Brief/Memorandum requesting that “any pending claims or appeals be withdrawn or otherwise administratively closed as appropriate.” See October 2020 Appellate Brief/Memorandum. The Veteran’s written withdrawal included his name, VA file number, and a statement that all pending appeals are withdrawn. The Board finds the Veteran’s written withdrawal meets the requirements of 38 C.F.R. § 20.205. (Continued on the next page)   Accordingly, the Board does not have jurisdiction to review the appeals and both are dismissed. SHEREEN M. MARCUS Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board A.C. Allen, 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.