Citation Nr: 22017768
Decision Date: 03/26/22	Archive Date: 03/26/22

DOCKET NO. 17-57 255
DATE: March 26, 2022

ORDER

Service connection for bilateral hearing loss is dismissed.

FINDING OF FACT

In April 2020, prior to the promulgation of a decision by the Board of Veterans' Appeals (Board), the Veteran requested to withdraw the appeal of his claim of service connection for bilateral hearing loss.

CONCLUSION OF LAW

The criteria for withdrawal of the appeal of the claim of service connection for bilateral hearing loss have been 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 October 1965 to December 1968.  This matter is on appeal from a January 2017 rating decision which denied several claims.  The Veteran appealed some of these denials.  In February 2020, the Board granted his claims of service connection for ischemic heart disease, diabetes mellitus type II, and tinnitus.  His claims of service connection for chronic kidney disease, hypertension, and bilateral hearing loss were remanded for additional development.  As a result of that development, a March 2020 rating decision granted service connection for chronic kidney disease, nephropathy, with hypertension (the basis for this grant later was amended in a June 2020 rating decision).  This combined grant means that only the claim of service connection for bilateral hearing loss remains on appeal.

Dismissal

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  An appeal may be withdrawn as to any or all issues at any time before the Board promulgates a decision.  38 C.F.R. § 19.55.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.  

Contemporaneous with the March 2020 rating decision granting and combining the Veteran's service connection claims for chronic kidney disease and hypertension, a March 2020 supplemental statement of the case (SSOC) continued the denial of his claim of service connection for bilateral hearing loss.  The notification letter for the rating decision included an Appeals Satisfaction Notice, indicating that he should submit it if he was satisfied with the aforementioned grant and wished to withdraw all remaining issue(s) on appeal as addressed in the most recent SSOC.  His completed notice subsequently was received in April 2020.  It follows that there remain no allegations of errors of fact or law for appellate consideration with respect to his service connection claim for bilateral hearing loss.  Accordingly, the Board does not have jurisdiction to review it and it is dismissed.

 

 

KELLI A. KORDICH

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	S. Becker

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.