Citation Nr: 21025267
Decision Date: 04/27/21	Archive Date: 04/27/21

DOCKET NO. 19-22 534
DATE: April 27, 2021

ORDER

The appeal as to the issues of entitlement to an initial compensable rating for bilateral hearing loss, an initial compensable rating for loss of teeth, and a 10 percent evaluation based on multiple noncompensable service-connected disabilities is dismissed.  

FINDING OF FACT

In July 2020, prior to the promulgation of a decision by the Board, the Veteran stated that he wished to withdraw from appellate review his claims of entitlement to an initial compensable rating for bilateral hearing loss, an initial compensable rating for loss of teeth, and a 10 percent evaluation based on multiple noncompensable service-connected disabilities.

CONCLUSION OF LAW

The criteria for withdrawal of the claims of entitlement to an initial compensable rating for bilateral hearing loss, an initial compensable rating for loss of teeth, and a 10 percent evaluation based on multiple noncompensable service-connected disabilities are met.  38 U.S.C. § 7105; 38 C.F.R. § 19.55.

REASONS AND BASES FOR FINDING AND CONCLUSION

The Veteran served on active duty from September 1962 to September 1966.

These matters come before the Board of Veterans’ Appeals (Board) on appeal from a rating decision issued in June 2017 by a Department of Veterans Affairs (VA) Regional Office (RO).

In his July 2019 substantive appeals the Veteran requested a Board hearing before a Veterans Law Judge.  In July 2020, the RO received correspondence from the Veteran’s representative seeking to withdraw the Board hearing request.  As such, the hearing request is deemed withdrawn.

A substantive appeal may be withdrawn in writing or on the record at a hearing, by the Veteran or his authorized representative, at any time before the Board promulgates a decision.  38 C.F.R. § 19.55.  In a July 2020 statement, prior to the Board promulgating a decision, the Veteran stated that he wished to withdraw his claims of entitlement to an initial compensable rating for bilateral hearing loss, an initial compensable rating for loss of teeth, and a 10 percent evaluation based on multiple noncompensable service-connected disabilities.  The Board finds this communication to be an explicit, unambiguous withdrawal made with a full understanding of the consequences of the action.  Delisio v. Shinseki, 25 Vet. App. 45 (2011).  Therefore, the Board finds that the July 2020 statement satisfies the requirements for withdrawal of a substantive appeal as to the issues of entitlement to an initial compensable rating for bilateral hearing loss, an initial compensable rating for loss of teeth, and a 10 percent evaluation based on multiple noncompensable service-connected disabilities.

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(d)(5); 38 C.F.R. § 19.55.  As the pertinent criteria for withdrawal of the issues of entitlement to an initial compensable rating for bilateral hearing loss, an initial compensable rating for loss of teeth, and a 10 percent evaluation based on multiple noncompensable service-connected disabilities, are satisfied, there remains no allegations of errors of fact or law for appellate consideration with respect to those issues.  The Board consequently does not have jurisdiction to review them, and they are dismissed. 

 

S.C. Krembs

Veterans Law Judge

Board of Veterans’ Appeals

Attorney for the Board	M. Bilstein, 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.