Citation Nr: 21028941
Decision Date: 05/12/21	Archive Date: 05/12/21

DOCKET NO. 16-26 234
DATE: May 12, 2021

ORDER

Entitlement to service connection for bilateral hearing loss has been withdrawn.

Entitlement to service connection for tinnitus has been withdrawn.

FINDING OF FACT

In a December 2020 correspondence, the Veteran, through his authorized representative, requested a withdrawal of the appeal of the claims for service connection for bilateral hearing loss and tinnitus.  

CONCLUSIONS OF LAW

1. The criteria for withdrawal of the appeal of the issue of entitlement to service connection for bilateral hearing loss by the appellant (or his or her authorized representative) have been met. 38 U.S.C. § 7105; 38 C.F.R. § 20.204.

2. The criteria for withdrawal of the appeal of the issue of entitlement to service connection for tinnitus by the appellant (or his or her authorized representative) have been met. 38 U.S.C. § 7105; 38 C.F.R. § 20.204.

REASONS AND BASES FOR FINDING AND CONCLUSIONS

The Veteran served on active duty from January 1969 to November 1970.

In November 2018, the Board of Veterans' Appeals (Board) remanded claims for service connection for bilateral hearing loss and tinnitusand also adjudicated (and denied) multiple other issues.  In December 2019, the Veteran, through his attorney, filed a motion for reconsideration of the denial of those multiple other issues.  The matter of the reconsideration of the Board's November 2018 denial of those additional issues will be the subject of separate decision. 

After completion of requested development with regard to the bilateral hearing loss and tinnitus claims, the agency of original jurisdiction (AOJ) issued a supplemental statement of the case in November 2020. In correspondence dated in the following month, the Veteran, through his representative, withdrew from appellate review the issue of entitlement to service connection for bilateral hearing loss and tinnitus. 

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 An appeal may be withdrawn as to any or all issues involved in the appeal at any time before the Board promulgates a decision. 38 C.F.R. § 20.204. Withdrawal may be made by the Veteran or by his or her authorized representative. 38 C.F.R. § 20.204. 

In the present case, in light of the Veteran's withdrawal of his appeal for service connection for bilateral hearing loss and tinnitus, there remain no allegations of 

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errors of fact or law for appellate consideration of these issues. The Board does not have jurisdiction to review these service connection issues, and they are dismissed. 

 

 

THERESA M. CATINO

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	Edward G. Lent

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.