Citation Nr: 20034529
Decision Date: 05/18/20	Archive Date: 05/18/20

DOCKET NO. 18-15 610
DATE: May 18, 2020

ORDER

The claim for entitlement to service connection for hypertension is dismissed.

The claim for entitlement to service connection for sleep apnea is dismissed.

FINDINGS OF FACT

Prior to the promulgation of a final decision by the Board, the Veteran withdrew his appeal to reopen claims for entitlement to service connection for hypertension and sleep apnea. 

CONCLUSIONS OF LAW

1. The criteria for withdrawal of the claim for entitlement to service connection for hypertension by the Veteran have been met.  38 U.S.C. § 7105; 38 C.F.R. § 20.205.  

2. The criteria for withdrawal of the appeal to reopen a claim for entitlement to service connection for sleep apnea by the Veteran have been met.  38 U.S.C. § 7105; 38 C.F.R. § 20.205. 

REASONS AND BASES FOR FINDINGS AND CONCLUSIONS

The Veteran served on active duty from August 1966 to July 1968.

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  An appeal may be withdrawn as to any or all issues involved in the appeal at any time before the Board promulgates a decision. 38 C.F.R. § 20.204.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In the present case, the claims for entitlement to service connection for hypertension and sleep apnea were withdrawn by the Veteran in December 2019.  In correspondence received in December 2019 the Veteran withdrew his request for a Board hearing, indicating that he was satisfied with VA compensation benefits.  The Board construes this communication as request to withdraw the claims on appeal.  Therefore, the Board finds that the criteria for a withdrawal of appeal was effectuated in December 2019.  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. 

 

 

John J. Crowley

Veterans Law Judge

Board of Veterans’ Appeals

Attorney for the Board	Azizi, T.

The Board’s decision in this case is binding only with respect to the instant matter decided. This decision is not precedential and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.