Citation Nr: 22014012 Decision Date: 03/11/22 Archive Date: 03/11/22 DOCKET NO. 17-39 174 DATE: March 11, 2022 ORDER The appeal concerning entitlement to an initial evaluation in excess of 10 percent for left ear hearing loss, is dismissed. The appeal concerning entitlement to an initial evaluation in excess of 10 percent for tinnitus, is dismissed. The appeal concerning entitlement to service connection for right ear hearing loss, is dismissed. FINDING OF FACT On January 4, 2022, prior to the promulgation of a decision in the appeal, the Board received notification from the Veteran, through his authorized representative, that a withdrawal of this appeal is requested. CONCLUSION OF LAW The criteria for withdrawal of an appeal by the Veteran through his authorized representative are met. 38 U.S.C. § 7105; 38 C.F.R. § 19.55. REASONS AND BASES FOR FINDING AND CONCLUSION 1. Withdrawal of the appeal for an initial disability rating in excess of 10 percent for left ear hearing loss 2. Withdrawal of the appeal for an initial disability rating in excess of 10 percent for tinnitus 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 An appeal may be withdrawn as to any or all issues involved in the appeal at any time before the Board promulgates a decision. 38 C.F.R. § 19.55.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 authorized representative. 38 C.F.R. § 19.55. Here, the Veteran's representative submitted a written statement withdrawing the appeal concerning an increased evaluation for his left ear hearing loss and for his tinnitus. The written statement included the Veteran's name, an identification number, and clearly, explicitly, and unambiguously, indicated the desire to withdraw the appeal regarding increased ratings for left ear hearing loss and tinnitus. See VA Form 21-4138, associated with the claims file in January 2022. The statement is found to meet the criteria established in 38 C.F.R. § 19.55 for written withdrawals. In the present case, the Veteran, through his authorized representative, has withdrawn the appeal as to these matters and, hence, there remain no allegations of errors of fact or law for appellate consideration.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 as to these matters and it is dismissed. 3. Withdrawal of the appeal for entitlement to service connection for right ear hearing loss Along the request to withdraw the appeal regarding increased rating for hearing loss and tinnitus addressed above; the Veteran's representative also submitted a VA Form 20-0995, Supplemental Claim Application, seeking review of the previous denial of service connection for right ear hearing loss and indicating the pending appeal as to this matter had been withdrawn, on a separate VA Form 21-4138 attached. See VA Form 20-0995, associated with the claims file in January 2022. The claims file reveals three different VA Form 21-4138 were submitted in January 2022, along the VA Form 20-0995. The first VA Form 21-4138 submitted indicated the matters of increased rating for hearing loss and tinnitus were withdrawn. The second VA Form 21-4138 requested a hearing change. Finally, the third VA Form 21-4138 reiterated the appeal had been withdrawn and requested the hearing change to be disregarded. See multiple VA Form 21-4138 associated with the claims file in January 2022. (Continued on the next page) Here, the Board finds the written statements received in January 2022 are explicit and unambiguous as to the Veteran's desire to withdraw his pending appeal, including the appeal as to entitlement to service connection for right ear hearing loss. While the statements contained in the first and third VA Form 21-4138 associated with the claims file in January 2022, only refer to the matters of increased ratings pending on appeal; the VA Form 20-0995 explicitly and unambiguously indicated the appeal as to service connection for right ear hearing loss was withdrawn. Hence, the Board finds the requirements for withdrawal of the appeal as to service connection for right ear hearing loss established in 38 C.F.R. § 19.55 have been met in view of the above-mentioned documents. See also Hembree v. Wilkie, 33 Vet. App. 1 (2020). Therefore, in view of the above the Board finds that in the present case, the Veteran, through his authorized representative, has withdrawn the appeal as to the matter of service connection for right ear hearing loss 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. KRISTI L. GUNN Veterans Law Judge Board of Veterans' Appeals Attorney for the Board B. Gonzalez-Maldonado 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.