Citation Nr: 1304181	
Decision Date: 02/06/13    Archive Date: 02/19/13

DOCKET NO.  10-34 513	)	DATE
	)
	)

On appeal from the
Department of Veterans Affairs Regional Office in Nashville, Tennessee


THE ISSUES

1.  Entitlement to service connection for an acquired psychiatric disorder to include posttraumatic stress disorder (PTSD).

2.  Entitlement to service connection for sleep apnea.

3.  Entitlement to service connection for carpal tunnel syndrome of the upper extremities.

4.  Entitlement to service connection for memory loss claimed as due to an undiagnosed illness.

5.  Entitlement to service connection for sleep disturbances claimed as due to an undiagnosed illness.

6.  Entitlement to service connection for acid reflux disease claimed as due to an undiagnosed illness.  


REPRESENTATION

Appellant represented by:	Disabled American Veterans


WITNESS AT HEARING ON APPEAL

Appellant


ATTORNEY FOR THE BOARD

Patrick J. Costello, Counsel


INTRODUCTION

The Veteran was on active duty in the United States Army from July 1983 to May 1986, from December 1990 to June 1991, from October 1991 to February 1992, and from March 2003 to June 2003.  

This matter comes before the Board of Veterans' Appeals, hereinafter the Board, on appeal from a rating decision issued in August 2008 by of the Department of Veterans Affairs (VA) Regional Office (RO), located in Nashville, Tennessee.  

The Veteran proffered testimony before the undersigned at a videoconference hearing in October 2012; a transcript of that hearing has been included in the claims folder.

The issues of entitlement to service connection for disabilities of the lumbar segment of the spine, the cervical segment of the spine to include nerve damage, the right shoulder, and the left shoulder are considered in a separate remand by the Board that is being issued concurrently with this Decision.  


FINDINGS OF FACT

In October 2012, prior to the promulgation of a decision in the appeal, VA received notification from the appellant that he wished to withdraw his appeal on the issues of entitlement to service connection for an acquired psychiatric disorder to include posttraumatic stress disorder, sleep apnea, carpal tunnel syndrome of the upper extremities, memory loss claimed as due to an undiagnosed illness, sleep disturbances claimed as due to an undiagnosed illness, and acid reflux disease claimed as due to an undiagnosed illness.  


CONCLUSION OF LAW

The criteria for withdrawal of an appeal with respect to the issues of entitlement to service connection for an acquired psychiatric disorder to include posttraumatic stress disorder, sleep apnea, carpal tunnel syndrome of the upper extremities, memory loss claimed as due to an undiagnosed illness, sleep disturbances claimed as due to an undiagnosed illness, and acid reflux disease claimed as due to an undiagnosed illness, have been met.  38 U.S.C.A. § 7105(d)(5) (West 2002); 38 C.F.R. § 20.204 (2012).
 

REASONS AND BASES FOR FINDINGS AND CONCLUSION

Under 38 U.S.C.A. § 7105(d)(5), the Board may dismiss any appeal that fails to allege specific error of fact or law in the determination being appealed.  An appeal may be withdrawn in writing or on the record at a hearing at any time before the Board promulgates a decision.  38 C.F.R. §§ 20.204(b) (2012).  Withdrawal may be made by the appellant or by his authorized representative.  38 C.F.R. § 20.204(a) (2012). 

In October 2012, the appellant testified before the Board that he wished to withdraw his appeal with respect to the issues of entitlement to service connection for an acquired psychiatric disorder to include posttraumatic stress disorder, sleep apnea, carpal tunnel syndrome of the upper extremities, memory loss claimed as due to an undiagnosed illness, sleep disturbances claimed as due to an undiagnosed illness, and acid reflux disease claimed as due to an undiagnosed illness.  As the appellant has withdrawn this appeal, there remain no allegations of errors of fact or law for appellate consideration.  Accordingly, the Board does not have jurisdiction to review the issues and they are dismissed.


ORDER

Entitlement to service connection for an acquired psychiatric disorder to include PTSD is dismissed.

Entitlement to service connection for sleep apnea is dismissed.

Entitlement to service connection for carpal tunnel syndrome of the upper extremities is dismissed.

Entitlement to service connection for memory loss claimed as due to an undiagnosed illness is dismissed.

Entitlement to service connection for sleep disturbances claimed as due to an undiagnosed illness is dismissed.

6.  Entitlement to service connection for acid reflux disease claimed as due to an undiagnosed illness is dismissed.  



____________________________________________
Mark D. Hindin
Veterans Law Judge, Board of Veterans' Appeals


Department of Veterans Affairs