Citation Nr: 22016304
Decision Date: 03/21/22	Archive Date: 03/21/22

DOCKET NO. 17-55 995
DATE: March 21, 2022

ORDER

The appeal for the issue of entitlement to service connection for bilateral hearing loss is dismissed.

The appeal for the issue of entitlement to service connection for tinnitus in the left ear is dismissed.

FINDING OF FACT

In April 2020, prior to the promulgation of a decision in the appeal, the Veteran reported his request to withdraw his appeal, which consists of the pending claims for entitlement to service connection for bilateral hearing loss and tinnitus in the left ear.

CONCLUSIONS OF LAW

1. The criteria for withdrawal of the appeal with respect to the issue of entitlement to service connection for bilateral hearing loss, have been met.  38 U.S.C. § 7105(d)(5); 38 C.F.R. § 19.55.

2. The criteria for withdrawal of the appeal with respect to the issue of entitlement to service connection for tinnitus in the left ear, have been met.  38 U.S.C. § 7105(d)(5); 38 C.F.R. § 19.55.

REASONS AND BASES FOR FINDING AND CONCLUSIONS

The Veteran served on active duty in the United States Army from September 1969 to March 1972.  

Pursuant to the Veteran's request for a hearing before the Board, he was scheduled for a Board hearing on April 9, 2020.  The Veteran's request to cancel his scheduled hearing was received on April 10, 2020.

The Board may dismiss any appeal which fails to allege specific error of fact or law in the determination being appealed.  See 38 U.S.C. § 7105(d)(5).  A substantive appeal may be withdrawn at any time before the Board promulgates a decision and must be in writing except for appeals withdrawn on the record at a hearing.  38 C.F.R. § 19.55.  

In the April 2020 VA Form 27-0820 (Report of General Information), prior to the promulgation of a decision in the appeal, the Veteran's contact with VA was documented in writing and shows the Veteran clarified that he wanted to cancel the appeal.  As of this date, the current appeal consists of the pending claims for entitlement to service connection for bilateral hearing loss and tinnitus in the left ear.  As the Veteran has withdrawn his appeal of these issues, there remains no allegation of error of fact or law for appellate consideration.  Accordingly, the Board does not have jurisdiction to review the appeal of these issues, and they are dismissed.

 

 

D. Martz Ames

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	T. Carter, 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.