Citation Nr: 21029726
Decision Date: 05/14/21	Archive Date: 05/14/21

DOCKET NO. 17-47 447
DATE: May 14, 2021

ORDER

The appeal for entitlement to service connection for bilateral hearing loss is dismissed.

FINDING OF FACT

At his May 2021 Board hearing, the Veteran explicitly, unambiguously, and with a full understanding of the consequences of such action withdrew his appeal as to the issue of entitlement to service connection for bilateral hearing loss.

CONCLUSION OF LAW

The criteria for withdrawal of the appeal for entitlement to service connection for bilateral hearing loss are met. 38 U.S.C. § 7105; 38 C.F.R. §§ 19.55, 20.205.

REASONS AND BASES FOR FINDING AND CONCLUSION

The Veteran served on active duty in the United States Navy from November 1988 to October 1991. This matter comes before the Board of Veterans' Appeals (Board) on appeal from a May 2016 rating decision issued by a Department of Veterans Affairs (VA) Regional Office (RO). In May 2021, the Veteran testified during a Board hearing before the undersigned Veterans Law Judge.

The Board may dismiss any appeal that fails to allege a 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 An appeal may be withdrawn as to any or all issues involved in the appeal at any time before the Board promulgates a decision, and withdrawal may be made by the appellant or by his or her authorized representative in writing or on the record during a hearing before the Board. §§ 19.55, 20.205.

On the record during the May 2021 Board hearing, the Veteran withdrew the issue of entitlement to service connection for bilateral hearing loss. The undersigned clearly identified the withdrawn issue and explained that by withdrawing his appeal he would not be entitled to service connection for his bilateral hearing loss claim. The Veteran affirmed that he was requesting a withdrawal as to this appealed issue. See May 2021 Board Hearing Transcript. Thus, the Board finds that the Veteran has withdrawn this issue explicitly, unambiguously, and with a full understanding of the consequences of such action, and the appeal is dismissed. Acree v. O'Rourke, 891 F.3d 1009 (Fed. Cir. 2018).

 

 

S. BUSH

Veterans Law Judge

Board of Veterans' Appeals

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 This decision is not precedential and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.