Citation Nr: 23023935
Decision Date: 04/25/23	Archive Date: 04/25/23

DOCKET NO. 19-01 883
DATE: April 25, 2023

ORDER

The appeal seeking increased ratings for bilateral hearing loss and tinnitus is dismissed.

FINDING OF FACT

In a March 2023 statement, prior to the promulgation of a decision in the appeal, the Board received notification from the appellant that he wished to withdraw his appeal seeking increased ratings for bilateral hearing loss and tinnitus.

CONCLUSION OF LAW

The criteria for withdrawal of an appeal by the appellant are met with respect to the matters of the ratings for bilateral hearing loss and tinnitus.  38 U.S.C. § 7105; 38 C.F.R. § 19.55.

REASONS AND BASES FOR FINDING AND CONCLUSION

The appellant is a Veteran who served on active duty from June 1974 to June 1978.  These matters are before the Board on appeal from an August 2018 rating decision.

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  An appeal may be withdrawn as to any or all issues involved in the appeal at any time before the Board promulgates a decision.  38 C.F.R. § 19.55.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.  Here, in a March 2023 statement, the appellant indicated that he wished to withdraw his appeal in the matters of the ratings for bilateral hearing loss and tinnitus, and that he had decided not to pursue the issues any longer.  Therefore, there remain no allegations of errors of fact or law for the Board to consider in these matters.  Accordingly, the Board does not have jurisdiction to review an appeal in the matters, and the appeal must be dismissed.

 

 

A. J. Spector

Veterans Law Judge

Board of Veterans' Appeals

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 This decision is not precedential and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.