Citation Nr: 18149103
Decision Date: 11/08/18	Archive Date: 11/08/18

DOCKET NO. 17-23 594
DATE:	November 8, 2018
ORDER
The appeal regarding the Veteran’s entitlement to service connection for sleep apnea is dismissed.
FINDING OF FACT
In October 2018, prior to the promulgation of a decision in the appeal, the Veteran notified VA that a withdrawal of his appeal is requested.
CONCLUSION OF LAW
The criteria for withdrawal of the Veteran’s 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 CONCLUSION
The Veteran served on active duty from September 1999 to December 2014, which included service in Iraq.  This matter comes before the Board of Veterans’ Appeals (Board) on appeal from a July 2015 rating decision that was issued by a Department of Veterans Affairs (VA) Regional Office (RO).
1.  Entitlement to service connection for sleep apnea.
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 (2012).  An appeal may be withdrawn as to any or all issues involved in the appeal at any time before the Board promulgates a decision.  38 C.F.R. § 20.204 (2017).  Withdrawal may be made by the appellant or by his or her authorized representative.  Id. 
In October 2018, the Veteran reported that he wishes to withdraw his appeal of VA’s denial of his claim for service connection for sleep apnea.  See October 2018 Application for Disability Compensation and Related Compensation Benefits (VA Form 21-526EZ).  Hence, there remain no allegations of errors of fact or law for appellate consideration.  Accordingly, the Board does not have jurisdiction to review the appeal as to this issue and it is dismissed.
 
STEVEN D. REISS
Veterans Law Judge
Board of Veterans’ Appeals
ATTORNEY FOR THE BOARD	M. C. Wilson, Counsel