Citation Nr: 21041094
Decision Date: 07/08/21	Archive Date: 07/08/21

DOCKET NO. 17-05 323
DATE: July 8, 2021

ORDER

Entitlement to service connection for bilateral hearing loss has been dismissed.

FINDINGS OF FACT

1. Correspondence dated in May 2020, prior to the promulgation of a decision on this appeal, the Board of Veterans' Appeals (the Board) received notification from the Veteran's representative that a withdrawal of his appeal for entitlement to service connection for bilateral hearing loss was requested.

CONCLUSIONS OF LAW

1. The criteria for withdrawal of the appeal for entitlement to service connection for bilateral hearing loss by the appellant 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 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  An appeal may be withdrawn as to any or all issues involved in the appeal at any time before the Board promulgates a decision. 38 C.F.R. § 20.205.  Withdrawal may be made by the appellant or by his or her authorized representative.  Id.

In May 2020, the Veteran's through his representative submitted correspondence stating that he wished to withdraw his pending appeal associated with his claimed bilateral hearing loss.  The Board finds that the Veteran's withdrawal met the criteria established by 38 C.F.R. § 20.204, as it included the name of the Veteran, the applicable file number, and a statement that the appeal is being withdrawn.

Given the aforementioned circumstances, the Board finds that the Veteran's withdrawal is explicit, unambiguous, and done with a full understanding of the consequences of such action.  See Hembree v. Wilkie, 33 Vet. App. 1, 5 (2020); DeLisio v. Shinseki, 25 Vet. App. 45, 57 (2011).  As there remain no allegations of errors of fact or law for appellate consideration, the Board does not have jurisdiction to review the appeal and it must be dismissed.

 

 

K. Anderson

Acting Veterans Law Judge

Board of Veterans' Appeals

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 This decision is not precedential and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.