Citation Nr: 22018370
Decision Date: 03/29/22	Archive Date: 03/29/22

DOCKET NO. 18-36 013
DATE: March 29, 2022

ORDER

The appeal as to whether new and material evidence has been received to reopen a claim for service connection for occasional ringing of the ears (also claimed as tinnitus) is dismissed.

The appeal as to whether new and material evidence has been received to reopen a claim for service connection for tonsillitis, strep throat, and sinus problems is dismissed.

FINDING OF FACT

In January 2022, prior to the promulgation of a decision in the appeal, the Board received notification from the Veteran that a withdrawal of these appeals is requested.

CONCLUSIONS OF LAW

1.  The criteria for dismissal of the appeal as to whether new and material evidence has been received to reopen a claim for service connection for occasional ringing of the ears (also claimed as tinnitus) have been met.  38 U.S.C. § 7105 (2012); 38 C.F.R. § 19.55 (2021).

2.  The criteria for dismissal of the appeal as to whether new and material evidence has been received to reopen a claim for service connection for tonsillitis, strep throat, and sinus problems have been met.  38 U.S.C. § 7105 (2012); 38 C.F.R. § 19.55 (2021).

REASONS AND BASES FOR FINDING AND CONCLUSIONS

The Veteran served on active duty from November 1975 to February 1997.  This matter is before the Board of Veterans' Appeals (Board) on appeal from a November 2017 rating decision of a Department of Veterans Affairs (VA) Regional Office (RO).

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  An appeal may be withdrawn as to any or all issues involved in the appeal at any time before the Board promulgates a decision.  38 C.F.R. § 19.55.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 Veteran or by his authorized representative.  Id.  In the present case, the Veteran, through his authorized representative, has withdrawn these appeals and, hence, there remain no allegations of errors of fact or law for appellate consideration.  A written correspondence was received in January 2022, which included the Veteran's name, VA file number, and a statement that the appeal is withdrawn in its entirety.  38 C.F.R. §§ 19.55(b)(1).  Accordingly, the Board does not have jurisdiction to review the appeal and it is dismissed.

 

 

M. SORISIO

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	Bonnie Yoon, 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.