Citation Nr: 18154253
Decision Date: 11/29/18	Archive Date: 11/29/18

DOCKET NO. 08-30 337
DATE:	November 29, 2018
ORDER
Entitlement to a rating in excess of 10 percent for a service-connected left knee disability is dismissed.
REMANDED
Entitlement to service connection for hypertension, to include as secondary to service-connected obsessive-compulsive disorder is remanded.
Entitlement to service connection for obstructive sleep apnea (OSA), to include as secondary to service-connected obsessive-compulsive disorder is remanded.
FINDING OF FACT
In July 2018, prior to the promulgation of a decision in the appeal, the Board received notification from the Veteran’s attorney that a withdrawal of this appeal is requested.
CONCLUSION OF LAW
The criteria for withdrawal of an appeal by the Veteran’s attorney have been met. 38 U.S.C. § 7105 (b)(2), (d)(5) (West 2014); 38 C.F.R. § 20.204 (2017).
REASONS AND BASES FOR FINDING AND CONCLUSION
Entitlement to a rating in excess of 10 percent for a service-connected left knee disability.
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 (West 2014). An appeal may be withdrawn as to any or all issues involved in the appeal at any time before the Board promulgates a decision. 38 C.F.R. § 20.204 (2017).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 authorized representative. 38 C.F.R. § 20.204. In the present case, the Veteran’s attorney has withdrawn this appeal and, hence, there remain no allegations of errors of fact or law for appellate consideration.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 and it is dismissed.
REASONS FOR REMAND
1. Entitlement to service connection for hypertension, to include as secondary to service-connected obsessive-compulsive disorder is remanded.
2. Entitlement to service connection for OSA, to include as secondary to service-connected obsessive-compulsive disorder is remanded.
The Veteran submitted medical articles in support of his claim for entitlement to service connection for hypertension and OSA in September 2018.  The Veteran also attached a signed form indicating he did not waive initial review RO review of the newly submitted evidence. The most recent supplemental statement of the case issued was in August 2017, therefore, the RO has not yet reviewed this evidence.  As such, the Board must remand this claim in order for the RO review this new evidence in the first instance as requested by the Veteran.
The matters are REMANDED for the following action:
Review all new evidence submitted since the supplemental statement of the case, to specifically include the articles submitted by the Veteran in September 2018.

 
M.E. Larkin
Veterans Law Judge
Board of Veterans’ Appeals
ATTORNEY FOR THE BOARD	C. Biggins, Associate Counsel