Citation Nr: 21032828
Decision Date: 05/28/21	Archive Date: 05/28/21

DOCKET NO. 12-23 422
DATE: May 28, 2021

ORDER

1. Entitlement to service connection for bilateral hearing loss disability has been withdrawn and is dismissed.

2. Entitlement to service connection for tinnitus has been withdrawn and is dismissed.

FINDING OF FACT

In August 2020, prior to the promulgation of a decision in the appeal, the Board received written notification from the Veteran and his then-appointed attorney that the Veteran wished to withdraw "all of [his] pending VA claims."

CONCLUSION OF LAW

The criteria for withdrawal of an appeal by the Veteran have been met.  38 U.S.C. § 7105; 38 C.F.R. § 19.55.

REASONS AND BASES FOR FINDING AND CONCLUSION

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  An appeal may be withdrawn as to any or all issues involved in the appeal at any time before the Board promulgates a decision.  38 C.F.R. § 19.55.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 appellant or by his or her authorized representative.  38 C.F.R. § 19.55.

In August 2020, prior to the promulgation of a decision in the appeal, the Board received written notification from the Veteran and his then-appointed attorney that the Veteran wished to withdraw "all of [his] pending VA claims."  As such, the Veteran has properly withdrawn the two claims on appeal and, hence, there remain no allegations of errors of fact or law for appellate consideration.  Accordingly, the Board does not have jurisdiction to review the matters listed in the Order, and they are dismissed.

 

 

A. P. SIMPSON

Veterans Law Judge

Board of Veterans' Appeals

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 This decision is not precedential and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.