Citation Nr: 1320095	
Decision Date: 06/21/13    Archive Date: 07/02/13

DOCKET NO.  12-27 261	)	DATE
	)
	)

On appeal from the
Department of Veterans Affairs Regional Office in Salt Lake City, Utah


THE ISSUES

1.  Entitlement to service connection for a lung disorder, to include shortness of breath at 50 percent.

2.  Entitlement to service connection for obstructive sleep apnea.


REPRESENTATION

Appellant represented by:	The American Legion


ATTORNEY FOR THE BOARD

T. M. Gillett, Counsel




INTRODUCTION

The Veteran had active service from January 1968 to August 1969.

This matter comes before the Board of Veterans' Appeals (Board) on appeal from a May 2010 rating decision of the Department of Veterans Affairs (VA) Regional Office (RO) in Salt Lake City, Utah.


FINDINGS OF FACT

1.  The Veteran in this case served on active duty from October 1966 to May 1967. 

2. On June 3, 2013, prior to the promulgation of a decision regarding the issues on appeal, the Board received notification from the Veteran that a withdrawal of the issues on appeal was requested. 


CONCLUSIONS OF LAW

1.  The criteria for the withdrawal of a Substantive Appeal have been met regarding the Veteran's claim for entitlement to service connection for a lung disorder, to include shortness of breath at 50 percent.  38 U.S.C.A. § 7105(b)(2), (d)(5) (West 2002 & Supp. 2012); 38 C.F.R. § 20.204 (2012).

2. The criteria for the withdrawal of a Substantive Appeal have been met regarding the Veteran's claim for entitlement to service connection for obstructive sleep apnea.  38 U.S.C.A. § 7105(b)(2), (d)(5) (West 2002 & Supp. 2012); 38 C.F.R. 
§ 20.204 (2012).





WITHDRAWAL OF APPEALS

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.A. § 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  An appeal may be withdrawn as to any or all issues involved in the appeal at any time before the Board promulgates a decision.  38 C.F.R. § 20.204.  Withdrawal may be made by the appellant or by his or her authorized representative.  See id.  In a statement received by the Board in June 2013, the Veteran's representative wrote that the Veteran wished to withdraw his Substantive Appeals regarding the issues on appeal. 

In the present case, the Veteran has withdrawn the appeals regarding these issues and, hence, there remain no allegations of errors of fact or law for appellate consideration.  Accordingly, the Board does not have jurisdiction to review these appeals and they are dismissed.


ORDER

The issue of service connection for a lung disorder, to include shortness of breath at 50 percent, is dismissed.

The issue of service connection for obstructive sleep apnea is dismissed. 



____________________________________________
KELLI A. KORDICH
Acting Veterans Law Judge, Board of Veterans' Appeals



Department of Veterans Affairs