Citation Nr: 21028015
Decision Date: 05/10/21	Archive Date: 05/10/21

DOCKET NO. 17-07 194
DATE: May 10, 2021

ORDER

Entitlement to an initial compensable rating for bilateral hearing loss prior to January 20, 2020, and an evaluation in excess of 10 percent since January 20, 2020 is dismissed.

FINDING OF FACT

On August 20, 2020, prior to the promulgation of a decision in the appeal, the Veteran withdrew all remaining issues associated with his appeal. 

CONCLUSION OF LAW

The criteria for withdrawal of an appeal by the Veteran have been met. 38 U.S.C. § 7105(b)(2); 38 C.F.R. § 19.55.

REASONS AND BASES FOR FINDING AND CONCLUSION

The Veteran served on active duty in the United States Air Force from July 1968 to March 1972.

The Board may dismiss any appeal that fails to allege specific error of fact or law in the determination being appealed. A substantive appeal may be withdrawn in writing at any time before the Board promulgates a decision. 38 U.S.C. § 7105; 38 C.F.R. § 19.55. Withdrawal may be made by the Veteran or by his or her authorized representative. Id.

The appeal returns to the Board of Veterans' Appeals (Board) following a December 2019 remand for further development of the Veteran's claim for an initial compensable rating and an increased rating for bilateral hearing loss. Following the Board's remand, the Regional Office issued a Rating decision, increasing the Veteran's disability to 10 percent, effective January 20, 2020, as well as a Supplemental Statement of the Case (SSOC).  Following the SSOC, the Veteran submitted an Appeals Satisfaction Notice, stating that he was satisfied and wished to withdraw all remaining issues associated with this appeal. Upon review, the Board finds the July 2020 withdrawal of the appeal was explicit, unambiguous, and done with a full understanding of the consequences of such action. See Acree v. O'Rourke, 891 F.3d 1009 (Fed. Cir. 2018).

Based on the foregoing, the Board finds that there remain no allegations of errors of fact or law for appellate consideration. As such, the Board does not have jurisdiction to review the appeal, and the claim is dismissed.

 

 

ANTHONY C. SCIRÉ, JR

Veterans Law Judge

Board of Veterans' Appeals

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 This decision is not precedential and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.