Citation Nr: 22018403
Decision Date: 03/29/22	Archive Date: 03/29/22

DOCKET NO. 17-56 269
DATE: March 29, 2022

ORDER

The appeal for entitlement to service connection for hearing loss is dismissed.

The appeal for entitlement to service connection for tinnitus is dismissed.

FINDING OF FACT

In January 2021, prior to the promulgation of a decision in the appeal, the Veteran submitted a written statement requesting withdrawal of the entire legacy appeal.

CONCLUSION OF LAW

1. The criteria for withdrawal of the appeal for entitlement to service connection for hearing loss have been met.  38 U.S.C. § 7105; 38 C.F.R. § 19.55.

2. The criteria for withdrawal of the appeal for entitlement to service connection for tinnitus 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 January 1966 to January 1969. This matter comes before the Board of Veterans' Appeals (Board) on appeal from a December 2016 rating decisions of a Department of Veterans Affairs (VA) Regional Office (RO).

The Veteran requested a hearing with a Veterans Law Judge, but has withdrawn his request.

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  An appeal may be withdrawn as to any or all issues involved in the appeal at any time before the Board promulgates a decision.  38 C.F.R. § 19.55.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

In the present case, in correspondence received in January 2021, the Veteran, through his representative, indicated that he no longer wishes to pursue his appeal concerning service connection for hearing loss and tinnitus. As the Veteran has withdrawn the appeal on these issues, there remain no allegations of errors of fact or law for appellate consideration.  

Accordingly, the Board does not have jurisdiction to review the appeal on these issues and the appeals are dismissed.

 

 

K. A. BANFIELD

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	A. Asare, Associate 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 This decision is not precedential and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.