Citation Nr: 18159572
Decision Date: 12/20/18	Archive Date: 12/19/18

DOCKET NO. 17-04 289
DATE:	December 20, 2018
ORDER
The appeal as to the issue of entitlement to service connection for sleep apnea is dismissed.
The appeal as to the issue of entitlement to service connection for erectile dysfunction is dismissed.
FINDING OF FACT
In a May 2017 written statement, prior to the promulgation of a decision by the Board, the Veteran withdrew his appeal as to the issues of entitlement to service connection for sleep apnea and erectile dysfunction.
CONCLUSIONS OF LAW
1. The criteria for withdrawal of the issue of entitlement to service connection for sleep apnea are met.  38 U.S.C. § 7105 (b)(2), (d)(5); 38 C.F.R. § 20.204 (2017).
2. The criteria for withdrawal of the issue of entitlement to service connection for erectile dysfunction are met.  38 U.S.C. § 7105 (b)(2), (d)(5); 38 C.F.R. § 20.204 (2017).
REASONS AND BASES FOR FINDING AND CONCLUSIONS
The Veteran served on active duty from December 1967 to August 1969. This matter comes before the Board of Veterans’ Affairs (Board) on appeal from an October 2013 rating decision by a Department of Veterans Affairs (VA) Regional Office (RO). 
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.  An appeal may be withdrawn as to any or all issues involved in the appeal at any time before the Board promulgates a decision.  38 C.F.R. § 20.204.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 a May 2017 written statement, prior to the promulgation of a decision by the Board, the Veteran withdrew his appeal as to the issues of entitlement to service connection for sleep apnea and erectile dysfunction. The withdrawal was explicit and unambiguous, as demonstrated by the listing of those issues, the use of the term “withdraws the appeals,” and the statement that the withdrawal applies to “any other issues that are pending on appeal.” Moreover, as the Veteran is represented by an attorney who forwarded the request to the Board, the Board is entitled to presume that the withdrawal was done with a full understanding of the consequences. See Acree v. O’Rourke, 891 F.3d 1009 (Fed. Cir. 2018). Therefore, there remain no questions of fact or law for appellate consideration.  Accordingly, the Board does not have jurisdiction to review the appeal and it is dismissed.
 
LLOYD CRAMP
Acting Veterans Law Judge
Board of Veterans’ Appeals
ATTORNEY FOR THE BOARD	R. Casadei, Counsel