Citation Nr: 18147388 Decision Date: 11/05/18 Archive Date: 11/05/18 DOCKET NO. 15-32 430 DATE: November 5, 2018 ORDER 1. Entitlement to service connection for a right knee disability is withdrawn and dismissed. 2. Entitlement to service connection for a bilateral eye disability is withdrawn and dismissed. 3. Entitlement to service connection for a headache disability is withdrawn and dismissed. 4. Entitlement to a rating in excess of 10 percent for a left knee ACL sprain is withdrawn and dismissed. 5. Entitlement to a rating in excess of 30 percent for a right shoulder disability is withdrawn and dismissed. 6. Entitlement to a rating in excess of 20 percent for a left knee instability disability is withdrawn and dismissed. 7. Entitlement to a rating in excess of 30 percent for irritable bowel syndrome (IBS) is withdrawn and dismissed. 8. Entitlement to a rating in excess of 70 percent for posttraumatic stress disorder (PTSD) is withdrawn and dismissed. 9. Entitlement to an earlier effective date for the award of 30 percent for IBS is withdrawn and dismissed. REMANDED Entitlement to service connection for sleep apnea is remanded. FINDING OF FACT The Veteran has sufficiently indicated his desire to withdraw his claims for entitlement to service connection for a right knee disability, entitlement to service connection for a bilateral eye disability, entitlement to service connection for a headache disability, entitlement to a rating in excess of 10 percent for a left knee ACL sprain, entitlement to a rating in excess of 30 percent for a right shoulder disability, entitlement to a rating in excess of 20 percent for a left knee instability disability, entitlement to a rating in excess of 30 percent for IBS, entitlement to a rating in excess of 70 percent for PTSD, and entitlement to an earlier effective date for the award of 30 percent for IBS. CONCLUSION OF LAW The criteria for withdrawal of the claims for entitlement to service connection for a right knee disability, entitlement to service connection for a bilateral eye disability, entitlement to service connection for a headache disability, entitlement to a rating in excess of 10 percent for a left knee ACL sprain, entitlement to a rating in excess of 30 percent for a right shoulder disability, entitlement to a rating in excess of 20 percent for a left knee instability disability, entitlement to a rating in excess of 30 percent for IBS, entitlement to a rating in excess of 70 percent for PTSD, and entitlement to an earlier effective date for the award of 30 percent for IBS. 38 U.S.C. § 7105(b)(2), (d)(5); 38 C.F.R. § 20.204.   REASONS AND BASES FOR FINDINGS AND CONCLUSION WITHDRAWN ISSUES 1. Entitlement to service connection for a right knee disability 2. Entitlement to service connection for a bilateral eye disability 3. Entitlement to service connection for a headache disability 4. Entitlement to a rating in excess of 10 percent for a left knee ACL sprain 5. Entitlement to a rating in excess of 30 percent for a right shoulder disability 6. Entitlement to a rating in excess of 20 percent for a left knee instability disability 7. Entitlement to a rating in excess of 30 percent for IBS 8. Entitlement to a rating in excess of 70 percent for PTSD 9. Entitlement to an earlier effective date for the award of 30 percent for IBS 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(d)(5). 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 authorized representative. Id. In a report of contact, it is noted that the Veteran verbally indicated his desire to withdraw his claims for entitlement to service connection for a right knee disability, entitlement to service connection for a bilateral eye disability, entitlement to service connection for a headache disability, entitlement to a rating in excess of 10 percent for a left knee ACL sprain, entitlement to a rating in excess of 30 percent for a right shoulder disability, entitlement to a rating in excess of 20 percent for a left knee instability disability, entitlement to a rating in excess of 30 percent for IBS, entitlement to a rating in excess of 70 percent for PTSD, and entitlement to an earlier effective date for the award of 30 percent for IBS; he further indicated that he wanted to continue his claim for entitlement to service connection for sleep apnea. The Veteran sent a September 2018 written correspondence in which he reiterated his desire to continue his appeal for the issue of entitlement to service connection for sleep apnea as his other conditions “are appropriately rated at this time.” The Veteran wrote that he hoped that the letter “suffices to only move forward with my appeal for sleep apnea.” The September 2018 written and verbal statements meet the requirements for a written withdrawal, as combined, they include Veteran’s name, file number, and a statement that the appeal is withdrawn. As such, the Veteran’s intention is clear and there remains no allegation of errors of fact or law for appellate consideration. Accordingly, the Board does not have jurisdiction to review the claims for entitlement to service connection for a right knee disability, entitlement to service connection for a bilateral eye disability, entitlement to service connection for a headache disability, entitlement to a rating in excess of 10 percent for a left knee ACL sprain, entitlement to a rating in excess of 30 percent for a right shoulder disability, entitlement to a rating in excess of 20 percent for a left knee instability disability, entitlement to a rating in excess of 30 percent for IBS, entitlement to a rating in excess of 70 percent for PTSD, and entitlement to an earlier effective date for the award of 30 percent for IBS and they are dismissed. REASONS FOR REMAND Entitlement to service connection for sleep apnea is remanded. The Veteran seeks service connection for sleep apnea. As he has a current diagnosis of severe sleep apnea and indicates that he has had issues with sleep since his deployment, a VA examination and opinion is necessary to determine the etiology of his sleep apnea. The matters are REMANDED for the following action: 1. Obtain updated VA treatment records.   2. Upon completion of directive #1, schedule the Veteran for a VA examination with a qualified examiner to determine the nature and etiology of his sleep apnea. The examiner must review the claims file and should note that review in the report. The examiner is requested to answer the following: Is at least as likely as not (50 percent probability or greater) that sleep apnea had its onset during active service; otherwise originated during active service; or is related to any incident of service. Nathaniel J. Doan Veterans Law Judge Board of Veterans’ Appeals ATTORNEY FOR THE BOARD A. Hemphill, Associate Counsel