Citation Nr: A25035763
Decision Date: 04/17/25	Archive Date: 04/17/25

DOCKET NO. 210916-186031
DATE: April 17, 2025

ORDER

Service connection for hearing loss is dismissed.

Service connection for tinnitus is dismissed.

Service connection for sleep disturbance, as secondary to tinnitus, is dismissed.

FINDING OF FACT

1. In April 2025 written correspondence, prior to the promulgation of a decision in the appeal, the Veteran, through his representative, explicitly, unambiguously, and with a full understanding of the consequence of such action withdrew the claims for entitlement to service connection for hearing loss, tinnitus and sleep disturbance as secondary to tinnitus. 

CONCLUSIONS OF LAW

1. The criteria for withdrawal of the claim for service connection for hearing loss by the appellant (or his authorized representative) have been met.  38 U.S.C. § 7105; 38 C.F.R. § 20.205.

2. The criteria for withdrawal of the claim for service connection for tinnitus by the appellant (or his authorized representative) have been met.  38 U.S.C. § 7105; 38 C.F.R. § 20.205.

3. The criteria for withdrawal of the claim for service connection for sleep disturbance as secondary to tinnitus by the appellant (or his authorized representative) have been met.  38 U.S.C. § 7105; 38 C.F.R. § 20.205.

REASONS AND BASES FOR FINDING AND CONCLUSIONS

The Veteran served on active duty in the United States Marine Corps from May 1988 to June 1988.

This matter comes before the Board of Veterans' Appeals (Board) on appeal from an August 2021 rating decision by a Department of Veterans Affairs (VA) Regional Office (RO). 

In the September 2021 VA Form 10182, Decision Review Request: Board Appeal (Notice of Disagreement), the Veteran elected the Hearing Lane Docket. 

1. Service connection for hearing loss is dismissed

2. Service connection for tinnitus is dismissed

3. Service connection for sleep disturbance, as secondary to tinnitus, is dismissed

The Board may dismiss any appeal that 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  An appeal may be withdrawn as to any or all issues involved in the appeal at any time before the Board promulgates a decision.  38 C.F.R. §20.205.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 Veteran or by his or her authorized representative.

An effective withdrawal must be in writing, including the name of the veteran (or claimant or appellant if other than the veteran), the applicable Department of Veterans Affairs file number, and a statement that the appeal is withdrawn.  Hembree v. Wilkie, 33 Vet. App. 1, 5-7 (2020); 38 C.F.R. § 19.55.  If the appeal involves multiple issues, the withdrawal must specify that the appeal is withdrawn in its entirety or list the issue(s) withdrawn from the appeal.  Hembree, 33 Vet. App. at 5.

In the present case, the Veteran has withdrawn the appeal in its entirety via April 2025 correspondence listing the issues withdrawn.  The April 2025 correspondence contains the Veteran's name, claim number, and specific instruction that the Veteran wished to withdraw all appeals.  Hence, there are 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.  38 C.F.R. § 19.55; see Hembree, 33 Vet. App. at 5-7.

 

 

STEVEN D. REISS

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	Woehlke, V.

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.