Citation Nr: 21031354 Decision Date: 05/21/21 Archive Date: 05/21/21 DOCKET NO. 20-14 560 DATE: May 21, 2021 ORDER Entitlement to a disability rating in excess of 10 percent for tinnitus has been dismissed. REMANDED Entitlement to a compensable disability rating for bilateral hearing loss is remanded. FINDING OF FACT At the May 2021 hearing, the Veteran withdrew his appeal concerning the issue of entitlement to a disability rating in excess of 10 percent for tinnitus. CONCLUSION OF LAW The criteria for withdrawal of entitlement to a disability rating in excess of 10 percent for tinnitus 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 FINDING AND CONCLUSION The Veteran served on active duty in the United States Army from August 1977 to July 1985. This matter comes before the Board of Veterans' Appeals (Board) on appeal from an April 2018 rating decision from the Department of Veterans Affairs (VA) Regional Office (RO) that granted service connection for tinnitus and for bilateral hearing loss, and assigned 10 percent and noncompensable evaluations, respectively, effective April 24, 2016. The Veteran and his son presented sworn testimony at a hearing before the undersigned Veterans Law Judge in May 2021. The Board notes that the Veteran has a separate appeal, which was decided by the Board in May 2021 Board. In that decision, the Board dismissed the issue of whether new and material evidence has been received to reopen a claim for entitlement to service connection for Guillain Barre Syndrome, reopened the claims for service connection for a left knee disability and gouty arthritis, granted the issues of service connection for left knee disability and left ankle disability, and remanded the issues of service connection for gouty arthritis, a rating in excess of 10 percent for a low back disability, and entitlement to TDIU. Thus, these issues are not currently before the Board. 1. Entitlement to a disability rating in excess of 10 percent for tinnitus. The Board may dismiss any appeal that 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 An appeal may be withdrawn as to any or all issues involved in the appeal at any time before the Board promulgates a decision. 38 C.F.R. § 19.55. Withdrawal may be made by the Veteran or by his or her authorized representative. 38 C.F.R. § 20.204. At the May 2021 Board hearing, the Veteran withdrew his appeal as to the issue of entitlement to a disability rating in excess of 10 percent for tinnitus. Thus, there remain no allegations of errors of fact or law for appellate consideration as to that issue. As such, the Board does not have jurisdiction to review the appeal, and the issue of entitlement to a disability rating in excess of 10 percent for tinnitus is dismissed. REASONS FOR REMAND 1. Entitlement to a compensable disability rating for bilateral hearing loss is remanded. During the May 2021 hearing, the Veteran testified that his hearing loss has worsened. He has been issued hearing aids but does not hear his wife, does not hear his cellphone ring, and must turn up the television, which he stated upsets his wife. The Veteran's son also testified that the Veteran has a hard time hearing him and noted that the Veteran sometimes yells. As the most recent VA examination is from April 2017, the Board finds that a remand is necessary to afford the Veteran a new VA examination to determine the current severity of his service-connected disability. See Snuffer v. Gober, 10 Vet. App. 400 (1997). The matters are REMANDED for the following action: 1. Obtain all outstanding medical treatment records. 2. Notify the Veteran that he may submit lay statements from himself and from other individuals who have first-hand knowledge, of the nature, extent and severity of his bilateral hearing loss and the impact of the disability socially and on his ability to work. The Veteran should be provided an appropriate amount of time to submit this lay evidence. 3. Schedule the Veteran for appropriate VA examinations (or telehealth interview, review of the record, etc. if an in-person examination is not feasible) to determine the current nature and severity of his hearing loss. All necessary tests should be performed. All findings should be reported in detail. STEVEN D. REISS Veterans Law Judge Board of Veterans' Appeals Attorney for the Board Sara Leigh, Attorney Advisor 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.