Citation Nr: 21031672
Decision Date: 05/24/21	Archive Date: 05/24/21

DOCKET NO. 16-36 021
DATE: May 24, 2021

ORDER

A claim of an increased disability rating in excess of 10 percent for chronic fatigue syndrome (also claimed as fatigue, headaches, sleep disturbances, involuntary left arm and right eye movements) is dismissed.

An initial claim for a compensable disability rating for bilateral hearing loss is dismissed.

An initial claim for an increased disability rating in excess of 10 percent for tinnitus has is dismissed.

A claim of service connection for high blood pressure, to include as due to herbicide exposure and environmental hazards, is dismissed.

FINDING OF FACT

Prior to the promulgation of a decision in the appeal, in March 2021, the Veteran withdrew his appeal concerning the issues of an increased disability rating in excess of 10 percent for chronic fatigue syndrome, a compensable disability rating for bilateral hearing loss, an increased disability rating in excess of 10 percent for tinnitus, and service connection for high blood pressure.

CONCLUSION OF LAW

The criteria for withdrawal of an appeal by the Veteran regarding the issues of an increased disability rating in excess of 10 percent for chronic fatigue syndrome, a compensable disability rating for bilateral hearing loss, an increased disability rating in excess of 10 percent for tinnitus, and service connection for high blood pressure have been met.  38 U.S.C. § 7105 (b)(2), (d)(5); 38 C.F.R. § 19.55.

REASONS AND BASES FOR FINDINGS AND CONCLUSIONS

The Veteran served on active duty in the United States Army from May 1986 to August 1986 and from October 1986 to May 1991. 

These matters are before the Board of Veterans' Appeals (Board) on appeal from rating decisions in  September 2015, August 2016, and October 2016 from the Department of Veterans Affairs (VA) Regional Office (RO).  The Veteran originally requested a hearing regarding his claims.  However, he subsequently withdrew his hearing request. 

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  An appeal may be withdrawn as to any or all issues involved in the appeal at any time before the Board promulgates a decision.  38 C.F.R. § 20.204.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

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In a March 2021 Report of General Information, the Veteran clearly and unequivocally withdrew his appeals for an increased disability rating in excess of 10 percent for chronic fatigue syndrome, a compensable disability rating for bilateral hearing loss, an increased disability rating in excess of 10 percent for tinnitus, and service connection for high blood pressure.  Hence, there remain no allegations of errors of fact or law for appellate consideration regarding these issues and the claims are dismissed.

 

MATTHEW W. BLACKWELDER

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	H. Yoo, 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.