Citation Nr: 1829900	
Decision Date: 10/03/18    Archive Date: 10/19/18

DOCKET NO.  15-39 671	)	DATE
	)
	)

On appeal from the
Department of Veterans Affairs (VA) Regional Office (RO)
 in Denver, Colorado


THE ISSUES

1.  Entitlement to service connection for sleep apnea.

2.  Entitlement to service connection for hypertension.


REPRESENTATION

Veteran represented by:	Disabled American Veterans


ATTORNEY FOR THE BOARD

K. Neilson, Counsel



INTRODUCTION

The Veteran served on active duty from February 1986 to April 2007.  

This appeal to the Board of Veterans' Appeals (Board) arose from a November 2015 rating decision by the RO in Denver, Colorado, that denied the Veteran's claims for service connection for sleep apnea and hypertension.  The Veteran disagreed with that decision, and this appeal ensued.

The Board notes that on his November 2015 VA Form 9 (Appeal to Board of Veterans' Appeals), the Veteran requested a Board videoconference hearing before a Veterans Law Judge.  The Veteran was scheduled for a Board video-conference hearing to be held on October 1, 2018; however, as discussed below, prior to his scheduled hearing, the Veteran withdrew his appeal, and the hearing was canceled.


FINDING OF FACT

In a September 2018 statement, prior to the promulgation of a decision in the appeal, the Board received notification from the Veteran that he wished to withdraw his appeal.

CONCLUSION OF LAW

The criteria for withdrawal of an appeal are met.  38 U.S.C. § 7105(b)(2), (d)(5) (2012); 38 C.F.R. § 20.204 (2017).


REASONS AND BASES FOR FINDING AND CONCLUSIONS

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  An appeal may be withdrawn as to any or all issues involved in the appeal at any time before the Board promulgates a decision.  38 C.F.R. § 20.204.  Withdrawal may be made by the appellant or by his or her authorized representative.  38 C.F.R. § 20.204.

In September 2018, in response to being notified of his scheduled hearing, the Veteran indicated that he wished to withdraw his appeal.  The Veteran's desire that his appeal be withdrawn was reiterated by his representative in a September 2018 statement.  

Given the withdrawal, no allegations of errors of fact or law remain for appellate consideration.  The Board therefore does not have jurisdiction to review the appeal as to the claims for service connection for sleep apnea and hypertension, and it must be dismissed.


ORDER

The appeal is dismissed.



____________________________________________
JACQUELINE E. MONROE
Veterans Law Judge, Board of Veterans' Appeals



Department of Veterans Affairs