Citation Nr: 21031654
Decision Date: 05/24/21	Archive Date: 05/24/21

DOCKET NO. 16-34 707
DATE: May 24, 2021

ORDER

Entitlement to a compensable rating for bilateral hearing loss is dismissed.

FINDING OF FACT

In a January 2019 written statement, prior to the promulgation of a decision in the appeal, the Veteran's previously-appointed representative withdrew the appeal seeking a compensable rating for bilateral hearing loss.

CONCLUSION OF LAW

The criteria for withdrawal of the appeal of an increased rating for bilateral hearing loss are met. 38 U.S.C. § 7105 (2012); 38 C.F.R. § 19.55 (2020).

REASONS AND BASES FOR FINDING AND CONCLUSION

The Veteran served on active duty from August 1966 to April 1972.

This case comes before the Board of Veterans' Appeals (Board) on appeal from a September 2013 rating decision issued by the Department of Veterans Affairs (VA) Regional Office (RO).

The Veteran perfected a timely appeal of the rating decision. See December 2013 Notice of Disagreement (NOD); June 2016 Statement of the Case (SOC); July 2016 VA Form 9.

The Board notes that the Veteran was previously represented by the Oregon Department of Veterans' Affairs (ODVA).  See October 2005 VA Form 21-22, Appointment of Veterans Service Organization as Claimant's Representative.  In March 2020, VA received a signed VA Form 21-22, Appointment of Veterans Service Organization as Claimant's Representative, changing representation from ODVA to AMVETS.

Entitlement to a compensable rating for bilateral hearing loss

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  An appeal may be withdrawn as to any or all issues involved in the appeal at any time before the Board promulgates a decision. 38 C.F.R. § 19.55.  Withdrawal may be made by the Veteran or by his authorized representative.  Except for appeals withdrawn on the record at hearings, the withdrawal must be in writing. 38 C.F.R. § 19.55.

In a January 2019 written statement, prior to the promulgation of a decision in the appeal, the Veteran's previously-appointed representative (ODVA) submitted a written statement that the Veteran wanted to withdraw his appeal seeking a compensable rating for bilateral hearing loss.  See January 2019 Statement in Support of Claim.  As the Veteran has withdrawn the appeal of the issue in accordance with 38 C.F.R. § 19.55, there remains no allegation of error of fact or law for the Board to address. 

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 Accordingly, the Board does not have jurisdiction to review the appeal and it must be dismissed.

 

 

GAYLE STROMMEN

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	T. Hanson, 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.