Citation Nr: A24029716
Decision Date: 06/06/24	Archive Date: 06/06/24

DOCKET NO. 200219-69878
DATE: June 6, 2024

ORDER

Entitlement to service connection for hearing loss (also claimed as deafness, nerve) is dismissed.

FINDING OF FACT

On April 13, 2021, prior to the promulgation of a decision in the appeal, the Board received written notification from the appellant that a withdrawal of this appeal is requested.

CONCLUSION OF LAW

The criteria for withdrawal of an appeal by the appellant have been met. 38 U.S.C. § 7105; 38 C.F.R. § 20.205.

REASONS AND BASES FOR FINDING AND CONCLUSION

The Veteran served on active duty in the United States Army from July 2005 until his honorable discharge in January 2007 and from January 2007 until his honorable discharge in March 2009. 

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 An appeal may be withdrawn as to any or all issues involved in the appeal at any time before the Board promulgates a decision. 38 C.F.R. § 20.205. Withdrawal may be made by the appellant or an authorized representative. Id. 

On April 13, 2021, prior to the promulgation of a decision in the appeal, the Board received written notification from the appellant that a withdrawal of this appeal is requested. See VA Form 21-4138 received April 13, 2021 ("I am withdrawing my appeal to service-connect hearing loss which was submitted on February 19, 2020."). Hence, there remain no allegations of errors of fact or law for appellate consideration. Accordingly, the Board does not have jurisdiction to review the appeal and it is dismissed.

 

G. William Riggs

Veterans Law Judge

Board of Veterans' Appeals

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 This decision is not precedential and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.