Citation Nr: 21002001
Decision Date: 01/12/21	Archive Date: 01/12/21

DOCKET NO. 16-13 916
DATE: January 12, 2021

ORDER

The appeal for service connection for a sleep disorder, to include obstructive sleep apnea (OSA), is dismissed.

The appeal for service connection for peripheral neuropathy is dismissed.

The appeal for an initial rating in excess of 10 percent for tinnitus, to include on an extraschedular basis, is dismissed.

The appeal for an initial rating in excess of 10 percent for prostate cancer residuals is dismissed.

FINDING OF FACT

On November 10, 2020, prior to the promulgation of a decision in the appeals, the Board received notification from the Veteran that a withdrawal of the appeals is requested.

CONCLUSIONS OF LAW

1. The criteria for withdrawal of the appeal for service connection for a sleep disorder, to include OSA, have been met.  38 U.S.C. § 7105; 38 C.F.R. § 19.55.

2. The criteria for withdrawal of the appeal for service connection for a peripheral neuropathy have been met.  38 U.S.C. § 7105; 38 C.F.R. § 19.55.

3. The criteria for withdrawal of the appeal for an initial rating in excess of 10 percent for tinnitus have been met.  38 U.S.C. § 7105; 38 C.F.R. § 19.55.

4. The criteria for withdrawal of the appeal for an initial rating in excess of 10 percent for prostate cancer residuals have been met.  38 U.S.C. § 7105; 38 C.F.R. § 19.55.

REASONS AND BASES FOR FINDING AND CONCLUSIONS

The Veteran served on active duty in the Army from March 1971 to November 1972, including service in Vietnam.

The Board remanded the issues for further development in October 2018.

The Board notes that the Veteran appealed issues of entitlement to service connection for a recurrent skin disorder and a psychiatric disorder, and entitlement to a total disability rating based on individual unemployability (TDIU).  However, in April 2019, service connection for dermatitis and posttraumatic stress disorder (PTSD) was granted, and in October 2020, entitlement to a TDIU was granted.   As such, these issues are no longer on appeal before the Board.  See generally Grantham v. Brown, 114 F.3d 1156 (Fed. Cir. 1997).  

Dismissal of appeals

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  An appeal may be withdrawn as to any or all issues involved in the appeal at any time before the Board promulgates a decision.  38 C.F.R. § 20.204.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.

Here, the Veteran submitted a statement in November 2020 indicating that he wished to withdraw the issues of an increased rating for prostate cancer residuals, service connection for OSA, service connection for peripheral neuropathy, and increase rating for tinnitus on an extraschedular basis, which had been remanded by the Board on October 9, 2018.

In light of this, the Veteran has withdrawn his appeals; hence, there remain no allegations of errors of fact or law for appellate consideration.  Accordingly, the Board does not have jurisdiction to review the issues on appeal and they are dismissed.

 

 

H. SEESEL

Veterans Law Judge

Board of Veterans’ Appeals

Attorney for the Board	N. Nelson

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.