Citation Nr: 25005245
Decision Date: 04/17/25	Archive Date: 04/17/25

DOCKET NO. 15-38 607
DATE: April 17, 2025

ORDER

Entitlement to an evaluation in excess of 10 percent for service-connected bilateral hearing loss prior to January 6, 2016, and in excess of 20 percent since January 6, 2016, is dismissed.

FINDING OF FACT

On March 25, 2016, prior to the promulgation of a decision on the appeal, the Board received notification from the Veteran that a withdrawal of this appeal was requested.

CONCLUSION OF LAW

The criteria for withdrawal of an appeal by the Veteran have been met.  38 U.S.C. § 7105; 38 C.F.R. § 19.55.

REASONS AND BASES FOR FINDING AND CONCLUSION

The Veteran had active service with the Army from December 1967 to December 1969. 

This matter is on appeal to the Board of Veterans' Appeals (the Board) from a May 2015 rating decision of the Department of Veterans Affairs (VA) Regional Office (RO).  

The Board notes that the February 2016 rating decision provided a partial grant of the benefits sought on appeal.  The Veteran was granted entitlement to a 20 percent evaluation for his hearing loss effective January 6, 2016.  As this increase did not constitute a full grant of the benefits sought for the entire appeal period, the Veteran's claim for higher evaluation remained in appellate status.  See AB v. Brown, 6 Vet. App. 35, 38-39 (1993).  As such, the issue on appeal before the Board was for entitlement to an evaluation in excess of 10 percent for service-connected hearing loss prior to January 6, 2016, and in excess of 20 percent since January 6, 2016.  

In February 2016, the RO issued a Supplemental Statement of the Case (SSOC) regarding the increased rating claim for the Veteran's hearing loss disability, which included an Appeal Satisfaction Notice form.  On March 25, 2016, the VA received the Appeal Satisfaction Notice signed by the Veteran and dated March 21, 2016, withdrawing the claim in the SSOC.  The Board notes that despite the Veteran's submission of the written withdrawal, a Form 8 certifying the appeal was associated with the claims file on March 29, 2016.  There was no acknowledgement of the withdrawal.   

Unfortunately, the Veteran died on March [REDACTED] 2020.  The Veteran's wife submitted a request for substitution in April 2020.  Eventually, February 2025 correspondence indicated the Veteran's surviving spouse (the appellant) was substituted in the place of the Veteran to continue the claim on appeal.  

The Board notes that written withdrawals of a pending appeal are effective when received.  See Hembree v. Wilkie, 33 Vet. App. 1 (2020).  The Board may dismiss any appeal which fails to allege a 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, the Veteran withdrew this appeal on March 25, 2016, prior to his death, and, hence, there remained 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.

 

 

MICHAEL LANE

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	K.L. Byers

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.