Citation Nr: 22008099
Decision Date: 02/11/22	Archive Date: 02/11/22

DOCKET NO. 16-52 519
DATE: February 11, 2022

ORDER

The appeal regarding entitlement to service connection for vertigo, to include as secondary to service-connected bilateral hearing loss and/or tinnitus, is dismissed.

FINDING OF FACT

On December 16, 2021, prior to the promulgation of a decision in the appeal, the Board received notification from the Veteran that he requested to withdraw his appeal regarding entitlement to service connection for vertigo, to include as secondary to service-connected bilateral hearing loss and/or tinnitus.

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 Veteran honorably served in the United States Navy from August 1967 to November 1968. 

This matter comes before the Board of Veterans' Appeals (Board) from an appeal of a July 2016 rating decision of the Department of Veterans Affairs (VA) Regional Office (RO).  This matter was previously before the Board in September 2019 and June 2021, when it was remanded to obtain medical opinions. 

In a letter dated December 8, 2021, the Veteran wrote that he was "requesting that the referred to appeal be discontinued." See December 2021 letter from the Veteran.  The letter continued by stating that the Veteran did not wish to continue with an appeal that might cause VA unnecessary expense.  Id.   

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  An appeal may be withdrawn as to any or all issues involved in the appeal at any time before the Board promulgates a decision.  38 C.F.R. § 19.55.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.  Id.  In the present case, the appellant has withdrawn this appeal and, hence, there remain no allegations of errors of fact or law for appellate consideration.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 appeal and it is dismissed.

 

 

K.A. KENNERLY

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	Maisel, S. Alexander

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 This decision is not precedential and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.