Citation Nr: 21041757
Decision Date: 07/10/21	Archive Date: 07/10/21

DOCKET NO. 19-10 296
DATE: July 10, 2021

ORDER

The appeal is dismissed.

FINDING OF FACT

In January 2021, prior to the promulgation of a decision in the appeal, the Board of Veterans' Appeals (Board) received notification from the Veteran, through his authorized representative, that he wished to withdrawal his appeal of entitlement to service connection for bilateral hearing loss and to increased ratings for tinnitus and posttraumatic stress disorder (PTSD).

CONCLUSION OF LAW

The criteria for withdrawal of an appeal by the Veteran and his authorized representative are 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 from July 1999 to October 2007, to include service in Afghanistan.  He was awarded the Combat Action Badge, among other decorations.

These matters come before the Board on appeal from a March 2018 decision by a Department of Veterans Affairs regional office.  The Board remanded the matters in June 2020. 

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  An appeal may be withdrawn as to any or all issues involved in the appeal at any time before the Board promulgates a decision.  38 C.F.R. § 19.55.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  In the present case, the Veteran, through his authorized representative, has withdrawn his appeal for entitlement to service connection for bilateral hearing loss and to increased ratings for tinnitus and PTSD and, hence, there remain no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 appeal and it is dismissed.

 

 

J. B. FREEMAN

Veterans Law Judge

Board of Veterans' Appeals

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 This decision is not precedential and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.